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OUTLINES OF THE 



CONSTITUTIONAL HISTORY 



OF THE 



UNITED STATES 



BY 



LUTHER HENRY PORTER 






NEW YORK 
HENRY HOLT AND COMPANY 

1883 



0^0 7 



COPTBIGHT, 1883 
BY 

Henry Holt & Co. 



^^-b^ 
-^<?. 



DEDICATED 

TO 

MY WIFE, 



PREFACE. 



This work is designed to be a beginning book for 
students, or general readers, who desire to learn some- 
thing of the character and history of the Constitution 
of the United States. It is an elementary account of 
government in the United States. It gives a brief state- 
ment of the main facts of our constitutional history ; but 
it does not profess to be a " constitutional history " in 
the full meaning of the term. 

For the general reader or for high-school use it prob- 
ably covers sufficient ground. For the college student 
it attempts simply to point the way to extended study by 
a brief but connected review of the main facts, showing 
what is of chief importance for further study, and 
embracing those political documents which every student 
of our history must thoroughly understand. 

The plan of the work is : — 

I- — A simple account of the forms of government which 
existed before the Revolution. The discussion of each 
subject is followed by a chart which embraces the 
substance of the text in a tabulated form. This is intend- 
ed to enable the reader to classify and correct his 
impressions, and to give the student a basis for further 
study. 

II.— An explanation of the reason for the nature of the 
different clauses of the Constitution. 



VIU PRE FA CE. 

III. — A brief review of the principal events of our 
political history. In this part, the historical grouping is 
in harmony with the principles which controlled the 
government. Federal Supremacy covers the period of 
1789-1801. Republican Supremacy deals with 1801-1825, 
Federal- Republicanism is 1825-1829. Modern-De- 
mocracy is 1829-1861. The War and its Consequences 
is 1861-1881. 

A number of political documents are incorporated in 
the body of the work. They are arranged in this manner 
in order that they may have their chronological place and 
meet the eye in their historical position. 

I make no claim to present new facts. My aim is to 
present the fundamental facts of our constitutional history 
in a manner that will make them clear to those who look 
upon them for the first time. 

L. H. P. 

East Orange, N. J. March,. 1883. 



CONTENTS. 



PART I. 

CHAPTER I. 

Colonial Government. — Charters of Virginia, Mary- 
land and Connecticut. 



CHAPTER n. 

Tendency to Union. — New England Confederation. 
Convention of 1754. — Convention of 1765. — Declara- 
tion of Rights. — Declaration of Independence. — Arti- 
cles of Confederation. — Annapolis Convention. — 
Ordinance of 1787 36 

CHAPTER HI. 

Formation of the Constitution. — Constitutional 
Convention. — Adoption of Constitution. — Text of 
Constitution. 70 



PART II. 



The Constitution in Detail, with an Explana- 
tion OF EACH Clause 95 



X CONTENTS. 

PART III. 

CHAPTER I. 

The New Government. — Review of the period between 
the Revolution and the Inauguration of the Constitu- 
tion 177 

CHAPTER n. 

Federal Supremacy. — The Administrations of Washing- 
ton and Adams. — Washington's Farewell Address. — 
Kentucky Resolutions. — Virginia Resolutions. . .184 

CHAPTER HI. 

Republican Supremacy. — The Administrations of 
Jefferson, Madison and Monroe. — Resolutions of 
Hartford Convention. 222 ^ 'V 

CHAPTER IV. 

Federal-Republicanism. — The Administration of John 

Quincy Adams 245 

CHAPTER V. 

Modern Democracy. — The Administrations of Jack- 
son, Van Buren, Harrison, Tyler, Polk, Taylor, 
Fillmore, Pierce, and Buchanan. .... 249 

CHAPTER VI. 

The War and its Consequences.— The Adminis- 
trations of Lincoln, Johnson, Grant, Hayes, Garfield 
and Arthur.— General Review 274 



CONTENTS. XI 



APPENDIX. 



I. Presidents of the Continental Congress and of the 

Congress of the Confederation. . . .281 

II. Presidents and Vice-Presidents of the United States 281 

III. Chief-Justices of the Supreme Court. , . 282 

IV. Speakers of the House of Representatives, . . 283 
V. Cabinets of the Presidents 284 

VI. Dates of Admission of the States. . . . .291 

VII. Votes in Presidential Elections. .... 292 



I 

ORIGIN OF THE CONSTITUTION. 



OUTLINES OF 

CONSTITUTIONAL HISTORY. 



CHAPTER I. 

COLONIAL GOVERNMENT. 

The thirteen American colonies, which revolted from 
Great Britain in 1776, were settled, chiefly by the English, 
in the seventeenth and eighteenth centuries. All the 
colonies received, at their organization, forms of constitu- 
tional government, similar to those which had been 
enjoyed in England. Their rights were specified in 
charters which declared that the colonists possessed the 
same privileges as if resident in England. From the start 
the settlers felt that they were English subjects. Their 
charters granted them equal rights with their countrymen 
at home. They were heartily loyal to England, and did 
not waver in their attachment until the provisions of their 
charters were violated by the crown. The colonial govern- 
ments were composed of a governor, a council, and a 
general assembly. In all the colonies they were of the 
same nature though somewhat different in form. Their 
naticre was constitutional. Their forms differed according 
to the circumstances of their settlement, and were 
Provincial, Proprietary and Charter. 

At the Revolution the provincial form of colonial 
government existed in seven colonies. By it, the King 
appointed the governor, deputy-governor and council for 
the province. The governor possessed broad powers. 



2 COLONIAL GOVERNMENT. [The First 

He had charge of the courts and military, and convened 
the assembly or lower house of the legislature. His coun- 
cil constituted the upper house. 

Proprietary government existed in three colonies. It 
corresponded to the provincial, with this difference : — 
The person, or proprietor, to whom the colony had been 
granted, exercised the powers which the King himself ex- 
ercised in provincial governments. 

Charter governments existed in three colonies. To 
these colonies the King had granted charters which gave 
them, substantially, the right of local self-government. The 
governor, council and assembly were, generally, chosen 
by the people themselves. 

The first charter given to an American colony was re- 
ceived by Virginia in 1606. It located the first colony 
between the thirty-fourth and forty-first degrees of lati- 
tude, and the second colony between the thirty-eighth and 
forty-fifth degrees. It gave them exclusive control of the 
adjacent land and islands ; it provided for a council of 
thirteen for their government and another council of thir- 
teen in England, the latter to have the " superior manag- 
ing " of the government. It further provided for their de- 
fense and for a due proportion of all precious metals to 
be paid to the King. It also declared that " all and every 
the persons being our subjects which shall dwell and in- 
habit within every or any of the said several colonies and 
plantations and every of their children which shall happen 
to be born within any of the limits and precincts of the 
said several colonies and plantations shall have and en- 
joy all liberties, franchises and immunities within any of 
our other dominions, to all intents and purposes as if they 
had been abiding and born within this our realm of Eng- 
land." This provision kept the colonists on the same 
footing they had enjoyed in England. All their rights 
were preserved to them. 

" Instructions for the government of Virginia " were 



Charter.] VIRGINIA CHARTER. 3 

issued the same year, appointing a council authorized to 
nominate local councils. These local councils were to see 
that the service of the church of England was established 
and used. Certain offenses were made capital ; others were 
to be punished at the discretion of the councils. " For 
five years the trade and industry of the colonists were to 
remain a common stock." 

Virginia was a royal or provincial colony. Its charter, 
therefore, serves as an example of the charters of the 
royal colonies. The text of the first charter is as fol- 
lows : 

King James I's Letters Patent to Sir Thomas Gates, Sir 
George Somers, and others, for two several colonies and 
plantations, to be made in Virginia, and other parts and 
territories of America. Dated, April 10, 1606. 
James, by the Grace of God, King of England, Scotland 
France and Ireland, Defender of the Faith, etc. Whereas, our 
loving and well-disposed Subjects, Sir Thomas Gates, and Sir 
George Somers, Knights, Richard Hackluit, Clerk, Prebendary 
of Westminster and Edward-Maria Wingfield, Thomas Han- 
ham, and Ralegh Gilbert, Esqrs., William Parker, and George 
Popham, Gentlemen, and divers others of our loving Subjects, 
have been humble suitors unto us, that We would vouchsafe 
unto them our Licence, to make Habitation, Plantation, and to 
deduce a colony of sundry of our People into that part of Amer- 
ica commonly called Virginia, and other parts and Territories 
in America, either appertaining unto us, or which are not 
actually possessed by any Christian Prince or People, situate, 
lying, and being all along the Sea Coasts, between four and 
thirty Degrees of Northerly Latitude from the Equinoctial Line, 
and five and forty Degrees of the same Latitude, and in the 
main Land, between the same four and thirty and five and forty 
Degrees, and the Islands thereunto adjacent, or within one hun- 
dred miles of the Coast thereof ; 

And to that End, and for the more speedy accomplishment of 
their said intended Plantation and Habitation there, are desirous 
to divide themselves into two several Colonies and Companies ; 
the one consisting of certain Knights, Gentlemen, Merchants, 
and other Adventurers, of our City of London and elsewhere, 
which are, and from time to tim.e shall be, joined unto them, 
which do desire to begin their Plantation and Habitation in some 
fit and convenient Place, between four and thirty and one and 
forty Degrees of the said Latitude, alongst the Coasts of Virgin- 



4 coi.oxiM (;iU'/-:/y/VM/':N'j\ icmakter 

i;i, .mil iIk! Co.'iHts of Aiiicric.i, .iforcs.iid : And llic olhcr ( on- 
sislinj; <»( siiiulry Kni^^lUs, ( icnllcincii, IVlcicli.iiils, .uul oilier 
Advciiliini:,, (if our ('ilics of Hiislol .md Ivxclcr, aiid of our 
Town of riiniiiiilli, ;ind of ollnr Thiccs, wliicli do join ihcni- 
sclvcs unlo lli.il lOlon). wliii li <!<) desire to bejdn llieir i'l.inl.i- 
lion ;uid ll.d)il;ilion in some hi ,ind ronvenienl I'Lnc, helvveen 
eil^rjii ;iiid lliirly l)ej,;ree.s and live and forty Deiirees of llu: said 
Lalilude, all alon).;sf llu! said Coasis of Virj;ini;i and Ainericn, 
as that Coast lyetli : We, ^really coininendinj^s and ],T.'icioiisIy 
;iecei)linj^ of, their di-sires for the J''urlhera,n(t: of so noble a 
Woi'K, vvliieh may, l>y llie I'lovidcncc of Almij^dUy Ciod, here- 
after tend to the (iloiy of his I )ivin(! Majesty, in propaj^'alin^^ of 
Christian Keli).;ion to su< h rcople, as yet live in Daikness and 
iiiJMiaMe Ignorance of the true knovvled)^^' ;uid Woi'ship of 
(i.)d. and may in time hrinj^' the Inlidels and Sa.va.j,a-s, livin;,^ in 
tho;.<' parts, to hnm.in C'ivility, and to a, sellh'd .'ind ({uict (lov- 
ernment; Uo, by these our l-etlers Patents, graciously accept 
of, and .'i^rec* to, their humbli" and well-intended Desires; 

And do therefoie. foi' Us, our Heirs and Successors, (jKANT 
and a^ree, that the said Sir Thomas (laU-s, Sir (ieorj^c Sonu;rs, 
Richard llackluit, and I'.dw.ndMariii Winj^dield, Adventurers 
of and for (Mir Cily of I .ondiiii, .md all such others, as are, or 
sh.dl be, joined unlo them <>l ih.il Colony, shall be calli-d the 
I' II', I Colony; And llu-y shall and ni.iy bej^dn their said first 
rianlation and ll.ibitalion, at any PI. ice upon the said Coast of 
Virj^ini.i or /\meiii-.i, wlu-ic lh(\ sh.dl ihiiik lit and convenient, 
between the s.iid fom .md lhiil\ .md one .md fortv Decrees of 
(he said Latitude; ,\ml ih.il lh(\ sh.dl li.i\<- .ill the L.inds, 
Woods, Soil, Cii'ounds, llavens, Ports, Kivers, Mines. Miner.ds, 
Marshes, Waters, l-'ishinj^s, Conunodities, .md I Icreilil.iments, 
whatsoever, from the said I'lrsl Seat of their I i.mi.iiioii .md ll.ibi- 
tation by the space of fifty miles of ICninlish .Statule Measure, all 
alon^;' ihV said Co.ist of Virj^inia and America, towards tlu* West 
.and Southwest, as llie ( O.ist lyeth, with all the Isl.mds wilhin 
one hundred miles diicilly over .against th(> same Se;i Coast ; 
And .ilso .ill ihe I ..inds. Soil, (Irounds, llavens, I'orts, Kivers, 
Mini's, Miner. lis. Woods, Waters, Marshes, I''ishin^''s, Commod- 
ities, and lleredilaiuents, whatsoever, from the said Place of 
their lirst Pl.mtation and Habitation for the space; of fifty like 
l'ai'.;lish miles, all aloni'st ihc said coasts of Virj^ini.i and 
America, towards the f'.ist and Northeast, or towards the 
North, as the ('oast lyeth. lo);ether with .ill the Isl.mds within 
one hundred miles, directly over a^'.iinsl the s.iid ,Sea. Coast ; 
Ami also all the L.inds. Woods, Soil, (irounds. llavens. Ports, 
Kivers, Mines. Miner.ds, Marshes, Waters, l'"ishinj;s. Com- 
modities, and llci-edilaments, whatsoever, from (he same fifty 
miles every way on the Sea Coast, directly into tlu- m.iin l.imj 



ovi (></>] JJ)(!ATI()/V OP cor.oMY. 5 

l;i)if| hy the space of orx; liiindrcfl like Kn^^lish miles; Atirl sfiall 
;in(l iii.'iy iiih;i.hil .'ind rcin.iin there; and shall and may also 
build .'ind fortify within .'iny u\ the same, for Ihe-ir better Safe- 
^u.'irfl .'ind l)ef(;iK;e, ,'i.c(;orflin;( to tlu;ir best Discretion, and the 
J^iscreti(;n of the Council of that Ccjiony ; And that no (;ther of 
our Subjects shall Ik- j)eririitt(rd, or suffered, to plant or inhabit 
behind, or on the Jiackside of them, towards the main Land, 
withont ilic I'^xpress License or Consent of th(; Council of that 
Cf^lony, thereunto in Writing first had and obtaiiu-d. 

And we do likewise, for (is, our Heirs and Successors, by 
these lYesents, CkaN'J' and ,'i^ree, that the sairl 'J'homas I Ian- 
ham, and Kalcjr}) r.ilbert, William I'arker, and (^eorge I'opham, 
and all oiIkts of the Town of I'limouth in the County of 
Hevon, or elsewhere, which are, or shall be, joined hdIo 
them (;f that Colony, shall be called the second Colony ; And 
that th('y shall and may bcj^in their said J^antation and Seat 
of their first Abode and Habitation, at any JMace ujjon the said 
Coast of Virginia anfl Ainerica, where they shall think fit and 
convenient, between ei^^ht and thirty D(;j^rees of the sairl 
Latitude, and five and forty De^r(;es of the same Latitude; 
And that they shall have all the Lanrls, Soils, (irounds, Havens, 
l'(;rts, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fish- 
ing's, Commodities, and Hereditaments, whatsoever, from the 
first seat of their Llantation and Habitation by the Space of 
fifty like Ln^lish im'l(;s, as is aforesaid, all alongst the said Coasts 
fjf Virginia, and America., towards the West anrl Southwest, or 
towards tlu; Sf)uth,as the Coast Iyeth,anfl all the Islands within 
(jne hiiiidiefl miles, directly over against the said Sea Coast ; 
And also all the Lands, Soils, Crounds, Havens, Ports, Rivers, 
Mines, Mirif-rals, Woods, Marshes, Waters, Fishin;^s, Com- 
irKKlities, anrl H(;reditaments, vvhatsoev(;r, frrnn the said Llace 
of their first Plantation and Habitation for the Space of fifty 
like mil<;s, all alongst the said Coast (jf Virj^inia and America, 
towards the East and Northeast, or towarrls the North, as the 
Coast lyeth, and all the Islands also within one hundred miles 
directly over against th(; same Sea Coast ; And also all the 
Lands, Soils, (irounds, IIav(;ns, Ports, Rivers, Woods, Mines, 
Min(;rals, Marshes, Waters, Fishings, Commodities, anfl W-.x- 
editaments, whatsoever, from the same fifty miles ev(;ry way 
on the Sea Coast, directly into the main Land, by the Si)ace 
of one hundred like lOnglish miles ; And shall and may in- 
habit and ntmain there; and shall and may also build and 
fortify within a,ny th(; same for their better Safeguard, accord- 
ing to their best Discretion, and the Discretion of the Council of 
that Colony ; And that none of our Subjects shall be permitted, 
or suffered, to plant or inhabit behind, or on the back of 



ti; 



them, towards the main Land, without express Licence of 



COL ONTA L CO VERNMENT. 



[Charter 



the Council of that Colony, in Writing thereunto first hnrl and 
obtained. 

Provided always, and our Will and Pleasure herein is, that 
the Plantation and Habitation of such of the said Colonies, as 
shall last plant themselves, as aforesaid, shall net l)e made with- 
in one hundred like English Miles of the other of them, that 
first began to make their Plantation, as aforesaid. 

And we do also ordain, establish, and agree, for Us, our 
Pleirs, and Successors, that each of the said Colonies shall have 
a Council, which shall govern and order all Matters and Causes, 
which shall arise, grow or happen, to or within the same several 
Colonies, according to such Laws, Ordinances, and Instructions, 
as shall be, in that behalf, given and signed with Our Pland or 
Sign Manual, and pass under the Privy Seal of our Realm of 
England ; Each of which Councils shall consist of thirteen 
Persons, to be ordained, made, and removed, from time to time, 
according as shall be directed and comprised in the same In- 
structions ; And shall have a several Seal, for all Matters that 
shall pass or concern the same several Councils ; Each of which 
Seals, shall have the King's Arms engraven on the one Side 
thereof, and his Portraiture on the other; And that the Seal for 
the Council of the said first Colony shall have engraven round 
about, on the one Side, these Words ; Sigillwii Regis Magna' 
Britaiiicc, FranciiV, ct Hibernicc ; and on the other Side this 
Inscription round about ; Pro Concilia prima Colonia Virginia. 
And the Seal for the Council of the said second Colony shall 
also have engraven, round about the one Side thereof, the afore- 
said Words ; Sigilhtni Regis Magna Britannia, I'^ancia, et 
Hibernia ; and on the other Side ; Pro Concilio sccunda Colo- 
nia Virginia : 

And that also there shall be a Council established here in 
England, which shall, in like Manner, consist of thirteen Per- 
sons, to be, for that Purpose, appointed by Us, our Heirs and 
Successors, which shall be called our Council of Virginia ; And 
shall, from time to time, have the superior Managing and Direc- 
tion, only of and for all Matters that shall or may concern the 
Govenunent, as well of the said several Colonies, as of and for 
any other Part or place, within the aforesaid Precincts of 
four and thirty and five and forty Degrees above-mentioned ; 
Which Council shall, in like manner, have a Seal, for Matters 
concerning the Council or Colonies, with the like Arms and 
Portraiture, as aforesaid, with this Inscription, engraven round 
about on the one Side ; Sigilh.'/n Regis Magna Britannia, 
pyancia, et Hibernia ; and round about on the other Side, J^ro 
Concilio siio Virgi?tia. 

And moreover, we do Grant and agree, for us, our Heirs and 
Successors, that the said several Councils of and for the said 



OF 1606. J DEFENSE OF COLONY. 7 

several Colonies, shall and lawfully may, by Virtue hereof, from 
time to time, without any Interruption of Us, our Heirs or Suc- 
cessors, give and take Order, to dig, mine, and search for all 
Manner of Mines of Gold, Silver, and Copper, as well within any 
Part of their said several Colonies, as of the said main Lands, 
on the Backside of the same Colonies ; And to Have and enjoy 
the Gold, Silver, and Copper, to be gotten thereof, to the Use 
and Behoof of the same Colonies, and the Plantations thereof ; 
Yeilding therefore to Us, our Pleirs and Successors, the fifth 
Part only of all the same Gold and Silver, and the fifteenth Part 
of all the same Copper, so to be gotten or had, as is aforesaid, 
without any other Manner of Profit or Account, to be given or 
yeilded to Us, our Heirs, or Successors, for or in Respect of the 
same : 

And that they shall, or lawfully may, establish and cause to be 
made a Coin, to pass current there between the people of those 
several Colonies, for the more Ease of Traffic and Bargaining 
between and amongst them and the Natives there, of such Metal, 
and in such Manner and Form, as the said several Councils there 
shall limit and appoint. 

And we do likewise, for Us, our Heirs, and Successors, by 
these Presents, give full Power and Authority to the said Sir 
Thomas Gates, Sir George Somers, Richard Hackluit, Edward- 
Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William 
Parker, and George Popham and to every of them, and to the 
said several Companies, Plantations, and Colonies, that they, and 
every of them, shall and may, at all and every time and times 
hereafter, have, take, and lead in the said Voyage, and for and 
towards the said several Plantations, and Colonies, and to travel 
thitherward, and to abide and inhabit there, in every the said 
Colonies and Plantations, such and so many of our Subjects, as 
shall willingly accompany them or any of them, in the said Voy- 
ages and Plantations ; With sufficient Shipping, and Furniture 
of Armour, Weapons, Ordinance, Powder, Victual, and all other 
things, necessary for the said Plantations, and for their Use and 
Defence there : Provided always, that none of the said Persons 
be such, as shall hereafter be specially restrained by Us, our 
Heirs, or Successors. 

Moreover, we do, by these Presents, for Us, our Heirs, and 
Successors, Give and Grant Licence unto the said Sir Thomas 
Gates, Sir George Somers, Richard Hackluit, Edward-Maria 
Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, 
and George Popham, and to every of the said Colonies, that they, 
and every of them, shall and may, from time to time, and at all 
times forever hereafter, for their several Defences, encounter, 
expulse, repel, and resist, as well by Sea as by Land, by all Ways 
and Means whatsoever, all and every such Person or Persons, as 



8 COLONIAL GOVERNMENT. [Charter 

without the especial Licence of the said several Colonies and 
Plantations, shall attempt to inhabit within the said several Pre- 
cincts and Limits of the said several Colonies and Plantations, 
or any of them, or that shall enterprise or attempt, at any time 
hereafter, the Hurt, Detriment, or Annoyance, of the said 
several Colonies or Plantations. 

Giving and Granting, by these Presents, unto the said Sir 
Thomas Gates, Sir George Somers, Richard Hackluit, Edv/ard- 
Maria Wingfield, and their Associates of the said first Colony, 
and unto the said Thomas Hanham, Ralegh Gilbert, William 
Parker, and George Popham, and their Associates of the said 
second Colony, and to every of them, from time to time, and at 
all times hereafter, Power and Authority to take and surprise, 
by all Ways and Means whatsoever, all and every Person and 
Persons, with their Ships, Vessels, Goods, and other Furniture, 
which shall be found traflicing into any Harbour, Harbours, 
Creek or Creeks, or Place, within the Limits or Precincts of the 
said several Colonies and Plantations, not being of the same 
Colony, until such time, as they, being of any Realms or Dominions 
under our Obedience, shall pay, or agree to pay, to the Hands 
of the Treasurer of that Colony, within whose Limits and Pre- 
cincts they shall so traffic, two and a half upon every Hundred, 
of any thing, so by them trafficed, bought or sold ; And being 
Strangers, and not Subjects under our Obeysance, until they shall 
pay five upon every Hundred, of such Wares and Merchandise, 
as they shall traffic, buy, or sell, within the Precincts of the said 
several Colonies, wherein they shall so traffic, buy, or sell as afore- 
said ; Which Sums of Money, or Benefit, as aforesaid, for and 
during the Space of one and twenty Years, next ensuing the 
Date thereof, shall be wholly employed to the Use, Benefit, and 
Behoof of the said several Plantations, where such traffic shall 
be made ; And after the said one and twenty years ended, the 
same shall be taken to the LTse of Us, our Heirs, and Successors, 
by such Officers and Ministers, as by Us, our Heirs, and Suc- 
cessors, shall be thereunto assigned or appointed. 

And we do further, by these Presents, for Us, our Heirs and 
Successors, Give and Grant unto the said Sir Thomas Gates, 
Sir George Somers, Richard Hackluit, and Edward-Maria Wing^- 
field, and to their Associates of the said first Colony and Plan- 
tation, and to the said Thomas Hanham, Ralegh Gilbert, Wil- 
liam Parker, and George Popham, and their Associates of the 
said second Colony and Plantation, that they, and every of 
them, by their Deputies, Ministers, and Factors, may transport 
the Goods, Chattels, Armour, Munition, and Furniture, needful 
to be used by them, for their said Apparel, Food, Defence, or 
otherwise in Respect of the said Plantations, out of our Realms 
of England and Ireland, and all other our Dominions, from 



OF 1606.] RIGHTS OF THE COLONISTS. 9 

time to time, for and during the Time of seven Years, next en- 
suing the Date hereof, for the better relief of the said several 
Colonies and Plantations, without any Customs, Subsidy, or 
other Duty, unto Us, our Heirs, or Successors, to be yielded or 
paid for the same. 

Also we do, for Us, our Heirs, and Successors, Declare, by 
these Presents, that all and every the Persons being our Sub- 
jects, which shall dwell and inhabit within every or any of the 
said several Colonies and Plantations, and every of their 
Children, which shall happen to be born within any of the 
Limits and Precincts of the said several Colonies and Planta- 
tions, shall Have and enjoy all Liberties, Franchises, and 
Immunities, within any of our other Dominions, to all Intents 
and Purposes, as if they had been abiding and born, within this 
our realm of England, or any other of our said Dominions. 

Moreover, our gracious Will and Pleasure is, and we do, by 
these Presents, for Us, our Heirs, and Successors, declare and 
set forth, that if any Person or Persons, which shall be of any of 
the said Colonies and Plantations, or any other, ^which shall 
traffic to the said Colonies and Plantations, or any of them, 
shall, at any time or times hereafter, transport any Wares, Mer- 
chandise, or Commodities, out of any of our Dominions, with a 
Pretence to land, sell, or otherwise dispose of the same, within 
any the Limits and Precincts of any of the said Colonies and 
Plantations, and yet nevertheless, being at Sea, or after he hath 
landed the same within any of the said Colonies and Plantations, 
shall carry the same into any other foreign Country, with a Pur- 
pose there to sell or dispose of the same, without the Licence of 
Us, our Heirs, and Successors, in that Behalf first had and 
obtained ; that then, all the Goods and Chattels of such Person 
or Persons, so offending and transporting, together with the said 
Ship or Vessel, wherein such Transportation was made, shall be 
forfeited to Us, our Heirs, and Successors. 

Provided always, and our Will and Pleasure is, and we do 
hereby declare to all Christian Kings, Princes, and States, that 
if any Person or Persons which shall hereafter be of any of the 
said several Colonies and Plantations, or any other, by his, their, 
or any of their Licence and Appointment, shall, at any Time or 
Times hereafter, rob or spoil, by Sea or Land, or do any Act of 
unjust and unlawful Hostility to any the Subjects of Us, our 
Heirs, or Successors, or any the Subjects of any King, Prince, 
Ruler, Governor, or State, being then in League or Amity with 
Us, our Heirs, or Successors, and that upon such Injury, or 
upon just Complaint of such Prince, Ruler, Governor, or State, 
or their Subjects, We, our Heirs, or Successors, shall make 
open Proclamation, within any of the Ports of our Realm of Eng- 
land, commodious for that purpose. That the said Person or 



lo COLONIAL GOVERNMENT. [Charter 

Persons, having committed any such Robbery, or Spoil, shall, 
within the term to be limited by such Proclamations, make full 
Restitution or Satisfaction of all such Injuries done, so as the 
said Princes, or others so complaining, may hold themselves 
fully satisfied and contented ; And, that if the said Person or 
Persons, having committed such Robbery or Spoil, shall not 
make, or cause to be made, Satisfaction accordingly, within such 
Time so to be limited, That then it shall be lawful to Us, our 
Heirs, and Successors, to put the said Person or Persons, hav- 
ing committed such Robbery or Spoil, and their Procurers, 
Abettors, and Comforters, out of our Allegiance and Protec- 
tion ; And that it shall be lawful and free, for all Princes, and 
others to pursue with hostility the said offenders, and every of 
them, and their and every of their Procurers, Aiders, abettors, 
and comforters in that behalf. 

And hnally, We do for Us, our Heirs, and Successors, Grant 
and agree, to and with the said Sir Thomas Gates, Sir George 
Somers, Richard Hackluit, Ed ward- Maria Wingfield, and all 
others of tlje said first colony, that We, our Heirs and Succes- 
sors, upon Petition in that Behalf to be made, shall, by Letters 
Patents under the Great Seal of England, Give and Grant, 
unto such Persons, their Heirs and Assigns, as the Council of 
that Colony, or the most part of them, shall, for that Purpose, 
nominate and assign all the Lands, Tenements, and Heredita- 
ments, which shall l)e within the Precincts limited for that Col- 
ony, as is aforesaid, To be Holden of Us, our Heirs, and Suc- 
cessors, as of our Manor of East Greenwich, in the County of 
Kent, in free and common Soccage only, and not in Capite : 

And do in like manner, Grant and Agree, for Us, our 
Heirs, and Successors, to and with the said Thomas Hanham, 
Ralegh Gilbert, William Parker, and George Popham, and all 
others of the said second Colony, That We, our Heirs, and Suc- 
cessors, upon Petition in that Behalf to be made, shall, by 
Letters Patent, under the Great Seal of England, Give and 
Grant, unto such Persons, their Heirs and Assigns, as the 
Council of that Colony, or the most Part of them, shall for that 
Purpose nominate and assign, all the Lands, Tenements, or 
Hereditaments, which shall be within the Precincts limited for 
that Colony, as is aforesaid. To be holden of Us, our Heirs, 
and Successors, as of our Manor of East Greenwich, in the 
County of Kent, in free and common Soccage only, and not in 
Capite. 

All which Lands, Tenements, and Hereditaments, so to be 
passed by the said several Letters Patent, shall be sufficient 
Assurance from the said Patentees, so distributed and divided 
amongst the Undertakers for the Plantation of the said several 
Colonies, and such as shall make their plantations in eithc-r of th? 



OF 1606.] SECOND AND THIRD CHARTERS. ii 

said several Colonies, in such Manner and Form, and for such 
Estates, as shall be ordered and set down by the Council of the 
said Colony, or the most part of them, respectively, within which 
the same Lands, Tenements, and Hereditaments shall lie or be ; 
Although Express Mention of the true yearly Value or Cer- 
tainty of the Premises, or any of them, or of any other Gifts or 
Grants, by Us or any of our Progenitors or Predecessors, to the 
aforesaid Sir Thomas Gates, Knt., Sir George Somers, Knt., 
Richard Hackluit, Edward-Maria Wingtield, Thomas Hanham, 
Ralegh Gilbert, William Parker, and George Popham, or any of 
them, heretofore made, in these Presents, is not made ; Or any 
Statute, Act, Ordinance, or Provision, Proclamation, or Restraint, 
to the contrary hereof had, made, ordained, or any other Thing, 
Cause, or Matter Whatsoever, in anywise notwithstanding. In 
Witness whereof, we have caused these our Letters to be 
made Patents ; Witness Ourself at Westminster, the tenth Day 
of April, in the fourth Year of our Reign of England, France, 
and Ireland, and of Scotland the nine and thirtieth. 

LUKIN, 

Per breve de private Sigilla. 

Three years after the grant of the first charter a second 
charter was given to enlarge and define the powers of the 
Virginia- Company, Its title was " King James the I's 
second charter to the Treasurer and Company of Vir- 
ginia, erecting them into a corporation and body politic, 
and for the further enlargement and explanation of the 
privileges of the said company and first colony of Vir- 
ginia. Dated May 23, 1609." 

In its provisions and style it resembled the first charter. 
It enlarged the territory of the company and provided 
for the appointment of a governor by the council for the 
colony in England to manage its affairs. 

Two years later a third charter was granted the Vir- 
ginia company. It was called "A third Charter of King 
James I. to the Treasurer and Company for Virginia. 
Dated March 12, 1611-12." 

It further extended the '^ limits and territories " of the 
colony and made provision for some other matters, " as 
time and experience hath found to be needful and con- 
venient." The most important of these other matters 



12 COLONIAL GOVERNMENT. [Ordinance 

was that the Virginia Company in England (the stock- 
holders instead of the council) might hold a session or 
court, once a week or oftener, for the management of the 
ordinary affairs of the colony, and that for the great affairs 
four " Great and General Courts " should be held yearly. 

Nine years later the Virginia Company granted " An 
Ordinance and Constitution of the Treasurer, Council 
and Company in England, for a Council of State and 
General Assembly. Dated July 24, 162 1." 

The object of this ordinance was to " settle such a 
form of government there, as may be to the greatest bene- 
fit and comfort of the people, and whereby all injustice, 
grievances, and oppression may be prevented and kept off 
as much as possible from the said colony." To that end 
they established " two supreme councils in Virginia, for 
the better government of the Colony aforesaid." 

" The one of which councils, to be called the Council 
of State (and whose office shall chiefly be assisting, with 
their care, advice, and circumspection, to the sai^ govern- 
or) shall be chosen, nominated, placed, and displaced, 
from time to time, by us, the said Treasurer, Council and 
Company and our successors. * * * Which said 
Counsellors and Council we earnestly pray and desire, 
and in his Majesty's name strictly charge and command, 
that (all Factions, Partialities, and sinister respect laid 
aside) they bend their care and endeavors to assist the 
said governor ; first and principally, in the advancement 
of the honor and service of God, and the enlargement of 
his kingdom amongst the heathen people ; and next, in 
erecting of the said colony in due obedience to his majesty, 
and all lawful authority from his majesty's directions ; 
and lastly, in maintaining the said people in justice and 
christian conversation amongst themselves, and in strength 
and ability to withstand their enemies. And this council 
to be always, or for the most part, residing about or near 
the governor, 



OF 1 62 1.] THE GENERAL ASSEMBLY. 13 

" The other council, more generally to be called by the 
governor, once yearly, and no oftener, but for very extra- 
ordinary and important occasions, shall consist, for the 
present, of the said council of state, and of two bur- 
gesses out of every town, hundred, or other particular 
plantation, to be respectively chosen by the inhabitants. 
Which council shall be called The General Assembly 
wherein (as also in the said council of state) all matters 
shall be decided, determined and ordered, by the greater 
part of the voices then present ; reserving to the governor 
always a negative voice. And this general assembly shall 
have free power to treat, consult, and conclude, as well 
of all emergent occasions concerning the public weal of 
the said colony and every part thereof, as also to make, 
ordain, and enact such general laws and orders, for the 
behoof of the said colony, and the good government 
thereof, as shall, from time to time, appear necessary and 
requisite. 

" Whereas in all other things we require the general 
assembly, as also the said council of state to imitate and 
follow the policy of the form of government, laws, cus- 
toms, and manner of trial, and other administrations of 
justice used in the realm of England as near as may be, 
even as ourselves, by his majesty's Letters Patent, are re- 
quired. 

" Provided that no law or ordinance, made in the said 
general assembly, shall be or continue in force or validity, 
unless the same shall be solemnly ratified and confirmed 
in a general quarter court (provided for in the third 
charter) of the said company here in England, and so 
ratified, to be returned to them under our seal; it being 
our intent to afford the like measure also unto the said 
colony, that after the government of the said colony shall 
once have been well framed, and settled accordingly, 
which is to be done by us, as by authority derived from 
his majesty, and the same shall have been so by us declared, 



14 COLONIAL GOVERNMENT. [Charter 

no orders of court afterwards shall bind the said colony, un- 
less they be ratified in like manner in the general assem- 
blies. In Witness," etc. 

The first settled of the proprietory colonies was Mary- 
land. In 1632 Lord Baltimore received a charter, done 
in Latin. It began in the usual manner describing the 
object of the new settlement ; setting its boundaries, and 
making grant of all mines, minerals and other valuables 
found, or to be found, within the plantation. Lord Balti- 
more and his heirs are made " true and absolute lords and 
proprietors " of the colony, which is erected into a prov- 
ince and called Maryland. Full power is given them to 
enact laws " by and with the advice, assent and approba- 
tion of the freemen of the said province, or their dele- 
gates which shall be assembled " in such sort and form as 
to him and them shall seem best." The laws are to be 
" as near as may be " to those of England. 

The colonists are to be " held, treated, reputed and es- 
teemed " as "if born within the Kingdom of England." 
They are to enjoy all the privileges of Englishmen, " any 
statute, act, ordinance or provision to the contrary there- 
of notwithstanding." They are to have full privileges of 
trade, paying customs and duties " as the rest of our 
subjects of our Kingdom of England, for the time being, 
shall be bound to pay ; beyond which we will not that the 
inhabitants of the aforesaid province of Maryland shall be 
any charged." It is further provided that the crown shall at 
no time lay any tax whatsoever upon the province " on 
lands, tenements, goods or chattels * * * or in or 
upon any goods or merchandise." 

This charter is very liberal in its provisions. The pro- 
prietor is given control over the province. He is, how- 
ever, to govern according to these provisions, and in con- 
formity to the laws of England. Full freedom is given 
the colonists ; a popular assembly is constituted, and they 



OF 1632.] MARYLAND CHARTER. 15 

are exempted from all exceptional dues and charges. 
Under such a fundamental law the spirit of liberty could 
find full development. Other charters were made similar 
to it. The full text is as follows: — 

Maryland Charter, granted by King Charles I. to C^e- 
ciLius, Lord Baron of Baltimore. June 28, 1632. 

\^Tra7islated from the Lativv orzgmal.'] 

Charles, by the Grace of God, King of England, Scotland, 
France, and Ireland, defender of the faith, etc. To all to whom 
these presents shall come, greeting : Whereas our right trusty 
and well-beloved subject Cascilius Calvert, Baron of Baltimore, 
in our kingdom of Ireland, son and heir of Sir George Calvert, 
knight, late Baron of Bahimore, in the same kingdom of Ire- 
land, pursuing his father's intentions, being incited with a laud- 
able and pious zeal for the propagation of the Christian faith, 
and the enlargement of our empire and dominion, hath humbly 
besought leave of us, by his industry and charge, to transport 
an ample colony of the English nation unto a certain country 
hereafter described in the parts of America not yet cultivated 
and planted, though in some parts thereof inhabited by a cer- 
tain barbarous people, having no knowledge of the Almighty 
God ; and hath humbly besought our royal Majesty to give, 
grant, and confirm the said country, with certain privileges and 
jurisdictions, requisite for the said government and state of his 
colony and country, aforesaid, to him and his heirs forever. 

Know ye therefore. That we, favoring the pious and noble 
purpose of the said barons of Baltimore, of our especial grace, 
certain knowledge, and mere motion, have given, granted, and 
confirmed, and by this our present charter, for us, our heirs and 
successors, do give, grant and confirm, unto the said Caecilius, 
now Baron of Baltimore, his heirs and assigns, all that part of a 
peninsula, lying in the parts of America, between the ocean on 
the east, and the bay of Chesapeak on the west, and divided 
from the other part thereof by a right line drawn from the 
promontory or cape of land called Watkins Point (situate in the 
aforesaid bay, near the river of Wighco) on the west, unto the 
main ocean on the east ; and between that bound on the south 
unto that part of Delaware Bay on the north, which lieth under 
the fortieth degree of northerly latitude from the equinoctial 
where New England ends ; and all that tract of land between 
the bounds aforesaid ; that is to say, passing from the aforesaid 
unto the aforesaid bay called Delaware Bay, in a right line by 
the degree aforesaid, unto the true meridian of the first fountain 



1 6 COLONIAL GOVERNMENT. [Charter 

of the river Potomac, and from thence tending toward the south 
unto the further bank of the aforesaid river, and following the 
west and south side thereof unto a certain place called Cinquack, 
situate near the mouth of the said river, where it falls into the 
bay of Chesapeak, and from thence by a straight line unto the 
aforesaid promontory and place called Watkins Point (so that 
all that tract of land divided by the line aforesaid, drawn be- 
tween the main ocean and Watkins Point, unto the promontory 
called Cape Charles, and all its appurtenances, do remain entirely 
excepted to us, our heirs and successors for ever). 

We do also grant and confirm to the said Lord Baltimore, his 
heirs and assigns, all islands and islets within the limits afore- 
said, and all and singular the islands and islets which are or 
shall be in the ocean, within ten leagues from the eastern shore 
of the said country toward the east, with all and singular ports, 
harbors, bays, rivers, and inlets belonging unto the country and 
islands aforesaid ; and all the soil, lands, fields, woods, moun- 
tains, fens, lakes, rivers, bays, and inlets, situate or being within 
the limits and bounds aforesaid. With the fishing of all sorts of 
fish, whales, sturgeons, and all other royal fishes in the sea, bays, 
inlets, or rivers, within the premises, and the fish therein taken. 

And moreover all veins, mines, and quarries, as well discov- 
ered as not discovered, of gold, silver, gems, and precious stones, 
and all other whatsoever, be it of stones, metals, or of any other 
thing or matter whatsoever, found, or to be found, within the 
country, isles and limits aforesaid. 

And furthermore the patronages and advowsons of all churches, 
which (as Christian religion shall increase within the country, 
isles, islets, and limits aforesaid) shall happen hereafter to be 
erected ; together with licence and power to build and found 
churches, chapels, and oratories, in convenient and fit places 
within the premises, and to cause them to be dedicated and con- 
secrated according to the ecclesiastical laws of our kingdom of 
England : together with all and singular the like, and as ample 
rights, jurisdictions, privileges, prerogatives, royalties, liberties, 
immunities, royal rights and franchises, of what kind soever, 
temporal, as well by sea as by land, within the country, isles, 
islets, and limits aforesaid ; to have, exercise, use and enjoy the 
same, as amply as any bishop of Durham, within the bishop- 
rick or county palatine of Durham, in our kingdom of England, 
hath at any time heretofore had, held, used, or enjoyed, or of 
right ought or might have had, held, used, or enjoyed. 

And him the said now Lord Baltimore, his heirs and assigns, 
we do by these presents for us, our heirs, and successors, make, 
create, and constitute the true and absolute lords and proprie- 
taries of the said country aforesaid, and of all other the premises, 
(except before excepted) saving always the faith and allegiance, 



OF 1632.] LEGISLATIVE POWERS. 17 

and sovereign dominion due unto us, our heirs and successors, 
To have, hold, possess, and enjoy the said country, isles, inlets, 
and other the premises, unto the said now Lord Baltimore, his 
heirs and assigns, to the sole and proper use and behoof of him 
the said now Lord Baltimore, his heirs and assigns for ever. 

To be holden of us, our heirs and successors. Kings of Eng- 
land, as of our castle of Windsor, in our county of Berks, in free 
and common soccage, by fealty only, for all services, and not 
in capite, or by knight's service ; yeilding and paying therefore 
to us, our heirs and successors, two Indian arrows of those 
parts, to be delivered at our said castle of Windsor, every year, 
the Tuesday in Easter week, and also the fifth part of all gold 
and silver ore, within the limits aforesaid, which shall from time 
to time, happen to be found. 

Now, that the said country, thus by us granted and described, 
may be eminent above all other parts of the said territory, and 
dignified with large titles. Know ye, that we, of our further 
grace, certain knowledge, and mere motion, have thought fit to 
erect the same country and islands into a province ; as out of 
the fullness of our royal power and prerogative, we do for us, 
our heirs and successors, erect and incorporate them into a 
province, and do call it Maryland, and so from henceforth we 
will have it called. 

And forasmuch as we have hereby made and ordained the 
aforesaid now Lord Baltimore, the true lord and proprietary of 
all the province aforesaid : Know ye, therefore, that we, repos- 
ing special trust and confidence in the fidelity, wisdom, justice, 
and provident circumspection of the said now Lord Baltimore, 
for us, our heirs and successors, do grant free, full, and absolute 
power, by virtue of these presents, to him and his heirs, for the 
good and happy government of the said country, to ordain, 
make, enact, and under his and their seals to pubhsh, any laws 
whatsoever, appertaining either unto the public state of the said 
province, or unto the private utility of particular persons, accord- 
ing to their best discretions, by and with the advice, assent, and 
approbation of the freemen of the said province, or the greater 
part of them, or of their delegates or deputies, whom for the 
enacting of the said laws, when and as often as need shall re- 
quire, we will, that the said now Lord Baltimore, and his heirs, 
shall assemble in such sort and form as to him and them shall 
seem best, and the said laws duly to execute upon all people 
within the said province and limits thereof, for the time being, or 
that shall be constituted under the government and power of 
him or them, either sailing towards Maryland, or returning 
from thence towards England, or any other of ours or foreign 
dominions, by imposition of penalties, imprisonment, or any 
other punishment : yea, if it shall be needful, and that the 



1 8 COLONIAL GOVERNMENT. [Charter 

quality of the offence require it, by taking away members or 
life, either by him the said now Lord Baltimore, and his heirs, 
or by his or their deputies, lieutenants, judges, justices, magis- 
trates, officers, and ministers, to be ordained or appointed, ac- 
cording to the tenor and true intentions of these presents ; and 
likewise to appoint and establish any judges, justices, magis- 
trates, and officers, whatsoever, at sea and land, for what cause 
soever, and with what power soever, and in such form as to the 
said now Lord Baltimore, or his heirs, shall seem most conven- 
ient ; also to remit, release, pardon, and abolish, whether before 
judgment or after, all crimes and offences whatsoever, against the 
said laws, and to do all and every other thing or things, which 
unto the complete establishment of justice unto courts, praetories, 
and tribunals, forms of judicature, and manners of proceedings, 
do belong, although in these presents express mention be not made 
thereof ; and by judges by them delegated to award process, 
hold pleas, and determine, in all the said courts and tribunals, 
all actions, suits, and causes whatsoever, as well ciminal as civil, 
persona], real, mixt, and praetoreal, which laws, so, as aforesaid, 
to be published, our pleasure is, and so we do enjoin, require, 
and command, shall be miost absolute and available in law ; and 
that all the liege people and subjects of us, our heirs and suc- 
cessors, do observe and keep the same inviolably, in those parts, 
so far as they concern them, under the pains therein expressed, 
or to be expressed ; provided nevertheless. That the said laws 
be consonant to reason, and be not repugnant or contrary, but, 
as near as conveniently may be, agreeable to the laws, statutes, 
and rights of this our kingdom of England, 

And forasmuch as in the government of so great a province, 
sudden accidents do often happen, whereunto it will be neces- 
sary to apply a remedy, before the freeholders of the said prov- 
ince, or their delegates or deputies, can be assembled to the 
making of laws ; neither will it be convenient, that instantly 
upon every such emergent occasion, so great a multitude should 
be called together ; therefore, for the better government of the 
said province, we will and ordain, and by these presents for us, our 
heirs and successors, do grant unto the said Lord Baltimore, and 
his heirs, by themselves, or by their magistrates and officers, in 
that behalf duly to be ordained, as aforesaid, to make and con- 
stitute fit and wholesome ordinances, from time to time, within 
the said province, to be kept and observed, as well for the pre- 
servation of the peace, as for the better government of the people 
there inhabiting, and publicly to notify the same to all persons 
whom the same doth or may any way concern; which ordinances, 
our pleasure is, shall be observed inviolably, within the said 
province, under the pains therein to be expressed ; so as the said 
ordinances be consonant to reason, and be not repugnant nor 



OF 1632.] RIGHTS OF THE COLONISTS. 1 9 

contrary to the laws and statutes of the kingdom of England ; 
and so as the said ordinances be not extended in any sort, to 
bind, charge, or take away the right or interest of any person or 
persons, or of their life, members, freehold, goods or chattels. 

Furthermore, that this new colony may the more happily 
increase by the multitude of people resorting thither, and may 
likewise be the more strongly defended from the incursions of 
savages, or other enemies, pirates and robbers : therefore we, 
for us, our heirs and successors, do give and grant, by these 
presents, power, licence, and liberty, unto all the liege people 
and subjects, both present and future, for us, our heirs and 
successors, (excepting those who shall be expressly forbidden) 
to transport themselves and families into the said province, with 
convenient shipping, and fitting provisions, and there to settle 
themselves, dwell and inhabit ; and to build and fortify castles, 
forts, and other places of strength for the public, and their own 
private defence, at the appointment of the said now Lord Balti- 
more, and his heirs, the statute of fugitives, or any other what- 
soever, the contrary of the premises, in any wise notwithstand- 
ing 

And we will also, and of our more special grace, for us, our 
heirs and successors, we do strictly enjoin, constitute, ordain, 
and command. That the said province shall be of our allegiance 
and that all and singular the subjects and liege people of us, our 
heirs and successors, transported or to be transported into the 
said province, and the children of them, and of such as shall 
descend from them, there already born, or hereafter to be born, 
be, and shall be denizens and Heges of us, our heirs and success- 
ors, of our kingdoms of England and Ireland, and be in all 
things held, treated, reputed and esteemed, as the liege faithful 
people of us, our heirs and successors, born within the kingdom 
of England ; and likewise, any lands, tenements, revenues, ser- 
vices and other hereditaments whatsoever, within our kingdom 
of England, and other our dominions, may inherit, or otherwise 
purchase, receive, take, hold, have, buy and possess, and then 
may occupy and enjoy, give, sell, alien and bequeath, as like- 
wise all hberties, franchises and privileges, of this our kingdom 
of England, freely, quietly and peaceably, have and possess, 
occupy and enjoy, as our liege people, born, or to be born, 
within oui said kingdom of England, without the let, molesta- 
tion, vexation, trouble or grievance of us, our heirs and 
successors ; any statute, act, ordinance or provision to the con- 
trary thereof notwithstanding. 

And furthermore, that our subjects may be the rather encour- 
aged to undertake this expedition with ready and cheerful 
minds, know ye, That we, of our special grace, certain know- 
ledge, and mere motion, do give and grant, by virtue of these 



20 COLONIAL GOVERNMENT. [Charter 

presents, as well unto the said now Lord Baltimore, and his 
heirs, as to all others who shall, from time to time, repair unto 
the said country with a purpose to inhabit there, or to trade with 
the natives of the said province, full licence to lade and trade in 
any ports whatsoever, of us, our heirs and successors, and into 
the said province of Maryland, by them, their servants or 
assigns, to transport all and singular their goods, wares, and 
merchandises, as likewise all sorts of grain whatsoever, and all 
other things whatsoever necessary for food and clothing, not 
prohibited by the laws and statutes of our kingdoms and domin- 
ions to be carried out of the said kingdoms, any statute, act, 
ordinance, or other thing whatsoever to the contrary notwith- 
standing, without any lett or molestation of us, our heirs and 
successors, or of any of the heirs of us, our heirs and successors; 
saving always to us, our heirs and successors, the legal imposi- 
tions, customs, and other duties and payments for the said 
wares and merchandise, any statute, act, ordinance, or other 
thing whatsoever to the contrary notwithstanding. 

And because in so remote a country, and situate near so 
many barbarous nations, the incursions as well of the savages 
themselves, as of other enemies, pirates, and robbers, may prob- 
ably be feared, therefore we have given, and for us, our heirs 
and successors, do give power, by these presents, unto the said 
now Lord Baltimore, his heirs and assigns, by themselves or 
their captains, or other their officers, to levy, muster, and train 
all sorts of men, of what condition or wheresoever born, in the said 
province of Maryland, for the time being, and to make war, and 
pursue the enemies and robbers aforesaid, as well by sea as by 
land, yea, even without the limits of the said province, and (by 
God's assistance) to vanquish and take them ; and being taken, 
to put them to death, by the law of war, or to save them, at their 
pleasure ; and to do all and every other thing which unto the 
charge and office of a captain-general of an army belongeth, or 
hath accustomed to belong, as fully and freely as any captain- 
general of an army hath ever had the same. 

Also, our will and pleasure is, and by this our charter, we do 
give unto the said now Lord Baltimore, his heirs and assigns, 
full power, liberty and authority, in case of rebellion, tumult or 
sedition, if any should happen (which God forbid) either upon 
the land, within the province aforesaid, or upon the main sea, in 
making a voyage thither, or returning from thence by them- 
selves, or their captains, deputies, or other officers, to be author- 
ized under their seals for that purpose, (to whom we also for us, 
our heirs and successors, do give and grant by these presents, 
full povv'er and authority) to exercise martial law against mutin- 
ous and seditious persons of those parts, such as shall refuse to 
submit themselves to his or their government, or shall refuse to 



OF 1632.] PRIVILEGES GRANTED. 21 

serve in the wars, or shall fly to the enemy, or forsake their en- 
signs, or be loiterers or stragglers, or otherwise however offend- 
ing against the law, custom, and discipline military, as freely 
and in as ample manner and form as any captain-general of an 
army, by virtue of his office, might, or hath accustomed to use 
the same. 

Furthermore, that the way to honors and dignities may not 
seem to be altogether precluded and shut up to men well-born, 
and such as shall prepare themselves unto this present planta- 
tion, and shall desire to deserve well of us and our kingdoms, 
both in peace and war, in so far distant and remote a country : 
Therefore we, for us, our heirs and successors, do give free and 
absolute power unto the said now Lord Baltimore, his heirs and 
assigns, to confer favors, rewards and honors, upon such in- 
habitants, within the province aforesaid, as shall deserve the 
same, and to invest them with titles and dignities soever as he 
shall think fit (so as they be not such as are now used in Eng- 
. land,) as likewise to erect and incorporate towns into boroughs, 
and boroughs into cities, with convenient privileges and immuni- 
ties, according to the merit of the inhabitants, and fitness of the 
places ; and to do all and every other thing or things, touching the 
premises, which to him or them shall seem meet and requisite ; 
albeit they be such as of their own nature might otherwise re- 
quire a more special commandment and warrant than in these 
presents is expressed. 

We will also, and by these presents, for us, our heirs and suc- 
cessors, do give and grant licence, by this our charter, unto the 
said now Lord Baltimore, his heirs and assigns, and to all the 
inhabitants and dwellers in the said province aforesaid, both 
present and to come, to import, unlade, by themselves or their 
servants, factors or assigns, all merchandises and goods what- 
soever, that shall, arise of the fruits and commodities of the 
said province, either by sea or land, into any of the ports of us, 
our heirs and successors, in our kingdoms of England or Ire- 
land, or otherwise to dispose of the said goods, in the said ports, 
and if need be, within one year next after unlading the same, 
to lade the same merchandises and goods again, into the same 
or other ships, and to export the same into any other countries, 
either of our dominion or foreign, (being in amity with us, our 
heirs and successors.) Provided always that they pay such cus- 
toms, impositions, subsidies and duties, for the same, to us, our 
heirs and successors, as the rest of our subjects of our kingdom 
of England, for the time being, shall be bound to pay ; beyond 
which, we will not that the inhabitants of the aforesaid province 
of Maryland shall be any charged. 

And furthermore, of our more ample and special grace, cer- 
tain knowledge, and mere motion, we do, for us, our heirs and 



2 2 COLONIAL GOVERNMENT. [Charter 

successors, grant unto the said now Lord Baltimore, his heirs 
and assigns, full and absolute power and authority to make, 
erect, and constitute, within the said province of Maryland, and 
the isles and islets aforesaid, such and so many sea-ports, har- 
bors, creeks, and other places, for discharging and unlading 
of goods and merchandises out of ships, boats and other vessels, 
and lading them in such and so many places, and with such 
rights, jurisdictions, and liberties, and privileges unto the said 
ports belonging, as to him or them shall seem most expedient ; 
and that all and singular the ships, boats and other vessels, 
which shall come for merchandise and trade into the said 
province, or out of the same shall depart, shall be laden or un- 
laden only at such ports as shall be so erected and constituted 
by the said now Lord Baltimore, his heirs and assigns ; any use, 
custom, or other things to the contrary notwithstanding : sav- 
ing always unto us, our heirs and successors, and to all the 
subjects (of our kingdoms of England and Ireland) of us, our 
heirs and successors, free liberty of fishing for sea fish, as well 
in the sea, bays, inlets, and navigable rivers, as in the harbors, 
bays, and creeks of the province aforesaid, and the privileges of 
salting and drying their fish on the shore of the said province, 
and for the same cause, to cut and take under-wood or twigs 
there growing, and to build cottages and sheds necessary in 
this behalf, as they heretofore have, or might reasonably have 
used ; which liberties and privileges, nevertheless, the subjects 
aforesaid of us, our heirs and successors, shall enjoy without 
any notable damage, or injury to be done to the said now Lord 
Baltimore, his heirs or assigns, or to the dwellers and inhabi- 
tants of the said province, in the ports, creeks, and shores afore- 
said, and especially in the woods and copses growing within the 
said province. And if any shall do any such damage or injury, 
he shall incur the heavy displeasure of us, our heirs and succes- 
sors, the punishment of the laws, and shall moreover make satis- 
faction. 

We do furthermore will, appoint and ordain, and by these 
presents, for us, our heirs and successors, we do grant unto the 
said now Lord Baltimore, his heirs and assigns, that he the said 
Lord Baltimore, his heirs and assigns, may from time to time, 
for ever, have and enjoy the customs and subsidies in the ports, 
harbors, and other creeks and places aforesaid, within the pro- 
vince aforesaid, payable or due for merchandises and wares 
there to be laded or unladed : the said customs and subsidies 
to be reasonably assessed (upon any occasion) by themselves and 
the people there, as aforesaid, to whom we give power, by these 
presents, for us, our heirs and successors, upon just cause, 
and in a due proportion, to assess and impose the same. 

And further, of our special grace, and of our certain know- 



OF 1632.] . ERECTION OF MANORS. 23 

ledge, and mere motion, we have given and granted, and by 
these presents, for us, our heirs and successors, do give and 
grant, unto the said now Lord Baltimore, his heirs and assigns, 
full and absolute power, licence, and authority, that he the said 
now Lord Baltimore, his heirs and assigns, from time to time 
hereafter, for ever, at his and their will and pleasure, may 
assign, aHen, grant, demise, or enfeoffe of the premises, so many 
and such part or parcels to him or them that shall be willing to 
purchase the same, as they shall think fit ; to have and to hold 
to them the said person or persons willing to take or purchase 
the same, their heirs and assigns, in fee simple, or in fee tail, or 
for the term of life or lives, or years, to be held of the said now 
Lord Baltimore, his heirs and assigns, by such services, customs, 
and rents, as shall seem fit to the said now Lord Baltimore, his 
heirs and assigns, and not immediately of us, our heirs and 
successors : And to the same person or persons, and to all and 
every of them, we do give and grant, by these presents, for us, 
our heirs and successors, licence, authority and power, that such 
person or persons may take the premises, or any parcel thereof, 
of the said now Lord Baltimore, his heirs or assigns (in what 
estate of inheritance soever, in fee simple, or in fee tail, or other- 
wise, as to them and the now Lord Baltimore, his heirs and 
assigns, shall seem expedient) ; the statute made in the parlia- 
ment of Edward, son of King Henry, late King of England, our 
predecessor, commonly called the statute ' Quia e7iiptores ter- 
rarum,' lately published in our kingdom of England, or any 
other statute, act, ordinance, use, law or custom, or any other 
thing, cause or matter thereupon heretofore had, done, pub- 
lished, ordained or provided to the contrary, in any wise not- 
withstanding. 

And by these presents, we give and grant licence unto the said 
now Lord Baltimore and his heirs, to erect any parcels of land 
within the province aforesaid into manors, in every the said 
manors to have and to hold a court of Baron, with all things 
whatsoever which to a court Baron do belong, and to have and 
to hold view of frank-pledge (for the conservation of the 
peace, and the better government of those parts) by themselves 
or their stewards, or by the lords, for the time being, of other 
manors to be deputed, when they shall be erected, and in the 
same to use all things belonging to view of frank-pledge. 

And further our pleasure is, and by these presents, for us, 
our heirs and successors, we do covenant and grant to and 
with the said now Lord Baltimore, and his heirs and assigns, 
that we, our heirs and successors, shall at no time hereafter set 
or make, or cause to set any imposition, custom, or other taxa- 
tion, rate, or contribution whatsoever, in and upon the dwellers 
and inhabitants of the aforesaid province, for their lands, tene- 



24 COLONIAL GOVERNMENT. [Charter 

ments, goods, or chattels within the said province, or in or upon 
any goods or merchandise within the said province, or to be 
laden or unladen within the ports or harbors of the said prov- 
ince. And our pleasure is, and for us, our heirs and successors, 
we charge and command, that this our declaration shall hence- 
forward, from time to time, be received and allowed in all our 
courts, and before all the judges of us, our heirs and successors, 
for a sufficient and lawful discharge, payment and acquittance ; 
commanding all and singular our officers and ministers of us, 
our heirs and successors, and enjoining them, upon pain of our 
high displeasure, that they do not presume, at any time, to at- 
tempt anything to the contrary of the premises, or that they do 
in any sort withstand the same ; but that they be at all times 
aiding and assisting, as fitting, unto the said now Lord Baltimore, 
and his heirs, and to the inhabitants and merchants of Mary- 
land aforesaid, their servants, ministers, factors, and assigns, 
in the full use and fruition of the benefit of this our charter. 

And further our pleasure is, and by these presents, for us, our 
heirs and successors, we do grant unto the said now Lord Balti- 
more, and his heir's and assigns, and to the tenants and in- 
habitants of the said province of Maryland, both present and 
to come, and to every of them, that the said province, tenants, 
and inhabitants of the said colony or country, shall not from 
henceforth be held or reputed as a member, or as part of the 
land of Virginia, or of any other colony whatsoever, now trans- 
ported, or hereafter to be transported ; nor shall be depend- 
ing on, or subject to their government in anything, from whom 
we do separate that and them. And our pleasure is, by these 
presents, that they be separated, and that they be subject im- 
mediately to our crown of England, as depending thereof <^or 
ever. 

And if perchance hereafter it should happen any doubts or 
questions should arise concerning the true sense and under- 
standing of any word, clause, or sentence contained in this our 
present charter, we will, ordain and command, that at all times, 
and in all things, such interpretations be made thereof and al- 
lowed, in any of our courts whatsoever, as shall be adjudged most 
advantageous and favorable unto the said now Lord Baltimore, 
his heirs, and assigns ; provided always, that no interpretation 
be admitted thereof, by which God's holy and truly Christian re- 
ligion, or the allegiance due unto us, our heirs and successors, 
may suffer any prejudice or diminution ; although express mention 
be not made in these presents of the true yearly value of certainty 
of the premises, or of any part thereof, or of other gifts and 
grants made by us, our progenitors or predecessors, unto the 
said now Lord Baltimore, or any statute, act, ordinance, provi- 
sion, proclamation, or restraint heretofore had, made, published, 



OF 1632.] CONNECTICUT CHARTER. 25 

ordained, or provided, or any other thing, cause, or matter 
whatsoever to the contrary thereof, in anywise notwithstanding. 
In witness, etc.. Witness Ourself at Westminster, the twenty- 
eighth day of June, A. D. 1632, in the eighth year of our reign. 
By Writ of Privy Seal. 

Of the charter governments of the colonies that of Con- 
necticut is perhaps the most interesting ; because the 
charter granted in 1662 was retained, not only to the 
Revolution, but continued to be the constitution of the 
state until 1818. With this charter also is connected 
the well-known story of its preservation in the oak when 
it was attempted to withdraw it from the colony. 

Under the charter the settlement was erected into a 
body politic under the title of "Colony of "Connecticut." 
The freemen of the towns and settlements were to elect 
annually a governor, a deputy-governor, twelve assist- 
ants, a general assembly and magistrates, with legislative 
authority and judicial powers. The laws were to be " as 
near as might be " to those of England ; but were to be 
made without the supervision of the crown. The colo- 
nists were to enjoy all the privileges and immunities of 
British-born subjects, as provided in the other charters. 
The colony was to continue its allegiance to England ; to 
adhere in general to the forms of her laws, and to recog- 
nize a sort of superintendence of parliament. Beyond 
these few and very general restrictions, the colony was in- 
dependent of the mother country. Local self-govern- 
ment was provided for and its rights were established. 
The text of the charter is as follows : — 

Charter of Connecticut. Granted by Charles II, 
April 23, 1662. 
Charles the Second, by the Grace of God, to all to whom 
these Presents shall come. Greeting. Whereas by the several 
Navigations, Discoveries, and successful Plantations of divers 
of Our loving Subjects of this our Realm of England, several 
Lands, Islands, Places, Colonies and Plantations, have been 
obtained and settled in that Part of the Continent of America, 
called New England, and thereby the Trade and Commerce 



26 COLONIAL GOVERNMENT. [Charter 

there hath been of late Years much increased ; and whereas 
We have been informed by the humble Petition of our trusty 
and well-beloved John Winthrop, John Mason, Samuel Willis, 
Henry Clark, Matthew Allen, John Tappen, Nathan Gould, 
Richard Treate, Richard Lord, Henry Wolcott, John Talcott, 
Daniel Clerke, John Ogden, Thomas Wells, Obadiah Brewen, 
John Clerke, Anthony Hawkins, John Deming, and Matthew 
Camfield, being Persons principally interested in Our Colony or 
Plantation of Connecticut in New England, that the same 
Colony, or the greatest part thereof, was purchased and obtain- 
ed for great and valuable considerations, and some other part 
thereof gained by conquest, and with much Difficulty, and at 
the only endeavors. Expense and charge of them and their As- 
sociates, and those under whom they claim, subdued and im- 
proved, and thereby become a considerable Inlargement and 
Addition of Our Dominions and Interest there : 

Now Know ye, That in consideration thereof, and in regard 
the said Colony is remote from other the English Plantations in 
the Places aforesaid, and to the end the Affairs and Business,which 
shall from time to time happen or arise concerning the same, 
may be duly ordered and managed, We have thought fit, at 
the humble Petition of the Persons aforesaid, and are graciously 
pleased to create and make them a Body Politic and Corporate, 
with the Powers and Privileges hereinafter mentioned ; and ac- 
cordingly Our Will and Pleasure is, and of Our especial Grace, 
certain knowledge, and mere Motion, we have ordained, con- 
stituted and declared, and by these Presents, for Us, Our Heirs 
and Successors, do ordain, constitute and declare, That the 
said John Winthrop, John Mason, Samuel Willis, Henry Clerke, 
Matthew Allen, John Tappen, Nathan Gould, Richard Treate, 
Richard Lord, Henry Wolcott, John Talcott, Daniel Clerke, 
John Ogden, Thomas Wells, Obadiah Brewen, John Clerke, 
Anthony Hawkins, John Deming, and Matthew Camfield, and 
all such others, as now are, or hereafter shall be, admitted and 
made free of the Company and Society of our Colony of Con- 
necticut in America, shall from time to time, and for ever here- 
after, be one Body Corporate and Politic in Fact and Name, by 
the Name of Governor and Company of the Colony of Connecti- 
cut in New England in America ; and that by the same Name 
they, and their Successors, shall and may have perpetual Suc- 
cession, and shall and may be Persons able and capable in the 
Law, to plead and be impleaded, to answer and be answered 
unto, to defend and be defended, in all and singular suits, 
Causes, Quarrels, Matters, Actions, and Things, of what Kind 
or Nature forever ; and also to have, take, possess, acquire and 
Purchase, Lands, Tenements or Hereditaments, or any Goods 
or Chattels, and the same to lease, grant, demise, alien, bargain, 



OF 1662.] APPOINTMENT OF OFFICERS. 27 

sell and dispose of, as other Our Liege Peopleof this Our Realm 
of England, or any other Corporation or Body Politic within the 
same, may lawfully do ; and further. That the said Governor 
and Company, and their Successors, shall and may forever here- 
after have a common Seal to serve and use for all Causes, Mat- 
ters, Things and Affairs whatsoever of them and their Succes- 
sors, and the same Seal to alter, change, break and make new, 
from time to time, at their Wills and Pleasures, as they shall 
think fit. And further. We will and ordain, and by these Pre- 
sents, for Us, Our Heirs and Successors, do declare and appoint, 
That for the better ordering and managing of the Affairs and 
Business of the said Company, and their Successors, there shall 
be One Governor, One Deputy-Governor, and Twelve Assistants, 
to be from time to time constituted, elected and chosenout of the 
Freemen of the said Company for the time being, in such Man- 
ner and Form as hereafter in these Presents is expressed ; 
which said Officers shall apply themselves to take care for the 
best disposing and ordering of the general Business and Affairs 
of and concerning the Lands and Hereditaments hereinafter 
mentioned to be granted, and the Plantation thereof, and the 
Government of the People thereof. 

And for the better Execution of our Royal Pleasure, herein. 
We do, for Us, our Heirs and Successors, assign, name, consti- 
tute and appoint the aforesaid John Winthrop to be the first 
and present Governor of the said Company, and the said John 
Mason to be the Deputy Governor, and the said Samuel Willis, 
Matthew Allen, Nathan Gould, Henry Gierke, Richard Treate, 
John Ogden, Thomas Tappen, John Talcott, Thomas Wells, 
Henry Wolcott, Richard Lord, and Daniel Clerke, to be the 
Twelve present Assistants of the said Company, to continue in 
the said several Offices respectively until the Second Thursday, 
which shall be in the Month of October now next coming. And 
further. We will, and by these Presents, for Us, Our Heirs and 
Successors, do ordain and grant. That the Governor of the said 
Company for the Time being, or in his Absence, by Occasion of 
Sickness, or otherwise, by his Leave or Permission, the Deputy- 
Governor for the Time being shall and may, from time to time, 
upon all Occasions, give Order for the assembling of the said 
Company, and calling them together, to consult and advise of 
the Business and Affairs of the said Company; and that for 
ever hereafter, twice in every Year, that is to say, on every 
Second Thursday in October, and on every Second Thursday 
in May, or oftener, in case it shall be requisite, the Assistants 
and Freemen of the said Company, or such of them, not exceed- 
ing two Persons from each Place, Town or City, who shall be 
from time to time thereunto elected or deputed by the major 
part of the Freemen of the respective Towns, Cities and Places 



28 COLONIAL GOVERNMENT. [Charter 

for which they shall be so elected or deputed, shall have a gen- 
eral Meeting or Assembly, then and there to consult and advise 
in and about the affairs and Business of the said Company ; 
and that the Governor, or in his Absence the Deputy Governor, 
of the said Company for the time being, and such of the Assis- 
tants and Freemen of the said Company as shall be so elected 
or deputed, and be present at such Meeting or Assembly, or 
the greatest number of them, whereof the Governor, or Deputy- 
Governor, and Six of the Assistants, at least, to be Seven, shall 
be called the General Assembly, and shall have full Power and 
Authority to alter and change their Days and Times of Meeting, 
or general Assemblies, for electing the Governor, Deputy- 
Governor, and Assistants, or other Officers, or any other Courts, 
Assemblies, or Meetings, and to choose, nominate and appoint 
such and so many other Persons as they shall think fit, and 
shall be willing to accept the same, to be free of the said Com- 
pany and Body Politic, and them into the same to admit, and 
to elect and constitute such Officers as they shall think fit and 
requisite for the ordering, managing and disposing of the Affairs 
of the said Governor and Company and their Successors. And 
We do hereby, for Us, Our Heirs and Successors, establish and 
ordain, That once in the year for ever hereafter, namely, the 
said Second Thursday in May, the Governor, Deputy-Governor 
and Assistants of the said Company, and other officers of the 
said Company, or such of them as the said general Assembly 
shall think fit, shall be, in the said general Court and Assembly 
to be held from that Day or Time, newly chosen for the Year 
ensuing by such greater Part of the said Company, for the time 
being, then and there present ; and if the Governor, Deputy 
Governor and Assistants, by these presents appointed, or such 
as hereafter be newly chosen into their Rooms, or any of them, 
or any other the Officers to be appointed for the said Company, 
shall die, or be removed from his or their several Offices or 
Places before the said general Day of Election, whom we do 
hereby declare, for any Misdemeanor or Default, to be remov- 
able by the Governor, Assistants and Company, or such greater 
Part of them, in any of the said public Courts to be assembled, 
as is aforesaid ; that then, and in every such Case, it shall and 
may be lawful to and for the Governor, Deputy-Governor and 
Assistants, and Company aforesaid, or such greater Part of 
them so to 1)c assembled, as is aforesaid in any of their Assem- 
blies, to proceed to a new Election of One or more of their Com- 
pany, in the Room or Place or Places of such Governor, Deputy- 
Governor, Assistant, or other Officer or Officers so dying, or 
removed, according to their Discretions ; and immediately upon 
and after such Election or Elections made of such Governor, 
Deputy-Governor, Assistant or Assistants, or any other Officer 



OF 1662.] OA TH OF OFFICE. 29 

of the said Company, in Manner and Form aforesaid, the 
Authority, OiSce and Power before given to the former Gover- 
nor, Deputy-Governor, or other officer and Officers so removed, 
in whose Stead and Place new shall be chosen, shall, as to him 
and them, and every of them respectively, cease and determine. 

Provided also, and Our Will and Pleasure is. That as well 
such as are by these presents appointed to be the present Gov- 
ernor, Deputy-Governor, and Assistants of the said Company, as 
those that shall succeed them, and all other Officers to be ap- 
pointed and chosen as aforesaid, shall, before they undertake the 
Execution of their said Offices and Places respectively, take the 
several and respective corporal Oaths, for the due and faithful 
Performance of their Duties in their several Offices and Places, 
before such Person or Persons as are by these Presents hereafter 
appointed to take and receive the same ; that is to say, the said 
John Winthrop, who is herein before nominated and appointed 
the present Governor of the said Compan}^ shall take the said 
Oath before [one] or more of the Masters of our Court of Chancery 
for the time being ; unto which Master of Chancery, We do by 
these Presents give full Power and Authority to Administer the 
said Oath to the said John Winthrop accordingly : And the said 
John Mason, who is herein before nominated and appointed the 
present Deputy-Governor of the said Company, shall take the 
said Oath before the said John Winthrop, or any Two of the 
Assistants of the said Company ; unto whom We do by these 
Presents give full Power and Authority to administer the said 
Oath to the said John Mason accordingly : 

And the said Samuel Willis, Henry Gierke, Matthew Allen, 
John Tappen, Nathaniel Gould, Richard Treate, Richard Lord, 
Henry Wolcott, John Talcott, Daniel Gierke, John Ogden, and 
Thomas Wells, who are herein before nominated and appointed 
the present Assistants of the said Company, shall take the Oath 
before said John Winthrop, and John Mason, or one of them ; 
to whom We do hereby give full Power and Authority to admin- 
ister the same accordingly; 

And our further Will and Pleasure is. That all and every Gov- 
ernor, or Deputy-Governor, to be elected and chosen by virtue 
of these Presents, shall take the said Oath before Two or more 
of the Assistants of the said' Company for the time being ; unto 
whom We do by these Presents give full power and authority to 
give and administer the said oath accordingly : And the said 
Assistants, and every of them, and all and every other officer 
or officers to be hereafter chosen, from time to time, to take the 
said oath before the Governor, or Deputy-Governor, for the 
time being; unto which said Governor or Deputy-Governor, We 
do by the presents give full Power and Authority to administer 
the same accordingly. And further, of Our more ample Grace, 



30 COLONIAL GOVERNMENT. [Charter 

certain Knowledge, and mere Motion, We have given and granted 
and by these Presents, for Us, Our Heirs and Successors, do give 
and grant, unto the said Governor and Company of the Enghsh 
Colony of Connecticut in Nev/ England in America, and to 
every inhabitant there, and to every Person or Persons trading 
thither, and to every such Person and Persons as are or shall be 
free of the said Colony, full Pov.-er and Authority, from time to 
time, and at all times hereafter, to take, ship, transport and carry 
away, for and towards the Plantation and Defence of said Colony, 
such of our loving Subjects and Strangers as shall or will will- 
ingly accompany them, in and to their said Colony and Planta- 
tion, except such Person or Persons as are or shall be restrained 
by Us, Our Heirs and Successors ; and also to ship and transport 
all, and all manner of Goods, Chatties, Merchandise, and other 
Things whatsoever, that are or shall be useful or necessary for 
the Inhabitants of the said Colony, and may lawfully be trans- 
ported thither; nevertheless not to be discharged of Payment to 
Us, Our Heirs and Successors, of the Duties, Customs and Sub- 
sidies which are or ought to be paid or payable for the same. 
And further, Our Will and Pleasure is, and We do, for Us, Our 
Heirs and Successors, ordain, declare, and grant unto the said 
Governor and Company, and their Successors, That all and every 
the Subjects of Us, Our Heirs and Successors, which shall go to 
inhabit within the said Colony, and every of their Children which 
shall happen to be born there, or on the Sea, in going thither, 
or returning from thence, shall have and enjoy all Liberties and 
Immunities of free and natural Subjects within any of the Dom- 
inions of us, Our Heirs and Successors, to all Intents, Construc- 
tions and Purposes whatsoever, as if they, and every of them, 
were born within the Realm of England : And We do authorize 
and impower the Governor, or in his Absence the Deputy-Gov- 
ernor for the time being, to appoint two or more of the said As- 
sistants, at any of their Courts or Assemblies to be held as afore- 
said, to have Power and Authority to administer the Oath of 
Supremacy and Obedience to all and every Person or Persons, 
which shall at any time or times hereafter go or pass into 
the said Colony of Connecticut : unto which said Assistants so 
to be appointed as aforesaid. We do by these Presents give full 
Power and authority to administer, the said Oath accordingly. 
And we further, of our special Grace, certain knowledge, and 
mere Motion, give and grant unto the said Governor and Com- 
pany of the English Colony of Connecticut in New England in 
America, and their Successors, That it shall and may be lawful 
to and for the Governor, or Deputy-Governor, or such of the 
Assistants of the said Company for the time being, as shall be 
assembled in any of the general Courts aforesaid, or in any 
Courts to be especially summoned or assembled for that pur- 



OF 1662.] POWERS OF THE COURTS. 3 1 

pose, or the greater part of them, whereof the Governor, or 
Deputy-Governor, and Six of the Assistants, to be always Seven, 
to erect and make such Judicatories for the hearing and deter- 
mining of all Actions, Causes, Matters and Things happening 
within the said Colony or Plantation, and which shall be in dis- 
pute and depending there, as they shall think fit and convenient ; 
and also, from time to time, to make, ordain and establish all 
manner of wholesome and reasonable Laws, Statutes, Ordin- 
ances, Directions and Instructions, not contrary to the Laws of 
this Realm of England, as well for settling the Forms and Cere- 
monies of Government and Magistracy, fit and necessary for 
the said Plantation, and the Inhabitants there, as for naming 
and styling all sorts of Officers, both superior and inferior, which 
they shall find needful for the Government and Plantation of the 
said Colony, and the distinguishing and setting forth of the sev- 
eral Duties, Powers and limits of every such Office and place, 
and the forms of such Oaths, not being contrary to the Laws 
and Statutes of this our Realm of England, to be administered 
for the Execution of the said several Offices and Places ; as also 
for the disposing and ordering of the Election of such of the 
said Officers as are to be annually chosen, and of such others as 
shall succeed, in case of Death or Removal, and administering 
the said Oath to the newly-elected Officers, and granting neces- 
sary Commissions, and for Imposition of lawful fines, mulcts, 
imprisonments, or other punishment, upon Offenders and De- 
linquents, according to the course of other Corporations within 
this our kingdom of England ; and the same laws, fines, mulcts 
and executions, to alter, change, revoke, annul, release or par- 
don, under their common Seal, as by the said general Assem- 
bly, or the major part of them, shall be thought fit ; and for the 
directing, ruling and disposing of all other matters and things, 
whereby our said people. Inhabitants there, may be so religious- 
ly, peaceably and civilly governed, as their good Life, and orderly 
conversation, may win and invite the Natives of the Country to 
the knowledge and obedience of the only true God and Savior 
of Mankind, and the Christian Faith ; which in our Royal Inten- 
tions, and the Adventurers' free profession, is the only and 
principal end of this Plantation ; willing, commanding and re- 
quiring, and by these Presents, for Us, our Heirs and Success- 
ors, ordaining and appointing, That all such laws, statutes and 
ordinances, instructions, impositions and directions, as shall be 
so made by the Governor, Duputy-Governor and Assistants, as 
aforesaid, and pubHshed in writing under their common Seal, 
shall carefully and duly be observed, kept, performed, and put 
in execution, according to the true intent and meaning of the 
same ; and these Our Letters Patents, or the duplicate or exem- 
plification thereof, shall be, to all and every such Officers, super- 



32 COLONIAL GOVERNMENT. [Charter 

iors and inferiors, from time to time, for the putting of the same 
orders, laws, statutes, ordinances, instructions and directions, in 
due execution, against us, Our Heirs and Successors, a sufficient 
warrant and discharge. And we do further, for Us, our Heirs 
and Successors, give and grant unto the said Governor and 
Company, and their Successors, by these presents. That it shall 
and may be lawful to and for the Chief Commanders, Governors 
and Officers of the said Company for the Time being, who shall 
be resident in the parts of New England hereafter mentioned, 
and others inhabiting there, by their leave, Admittance, appoint- 
ment or Direction, from time to time, and all times hereafter, 
for their special Defence and safety, to assemble, Marshal, array, 
and put in warlike posture, the inhabitants of the said Colony, 
and to commissionate, empower and authorize such person or 
persons as they shall think fit, to lead and conduct the said in- 
habitants, and to encounter, expulse, repel and refit by force of 
Arms, as well by sea as by land, and also to kill, slay and de- 
stroy, by all fitting ways. Enterprises and Means whatsoever, all 
and every such person or persons as shall, at any time here- 
after, attempt or enterprise the Destruction, invasion, detriment 
or annoyance of the said inhabitants and plantation, and to use 
and exercise the law martial in such cases only as occasion shall 
require, and to take or surprise, by all ways and means whatso- 
ever, all and every such person or persons, with their ships, 
armour, ammunition and other goods, of such as shall, in such 
hostile manner, invade or attempt the defeating of the said 
plantation or the hurt of the said company and inhabitants, and, 
upon just causes, to invade and destroy the natives or other 
enemies of the said colony. Nevertheless our will and pleasure 
is, and we do hereby declare unto all Christian Kings, princes 
and States, That if any persons, which shall hereafter be of the 
said company or plantation, or any other, by appointment of the 
said Governor and company, for the time being, shall at time or 
times hereafter rob or spoil, by Sea or by Land, and do any 
hurt, violence, or unlawful hostility, to any of the subjects of us, 
our heirs or successors, or any of the subjects of any prince or 
state, being then in league with us, our heirs or successors, 
upon complaint of such injury done to any such prince or state, 
or their subjects. We, our heirs and successors, will make 
open proclamation within any parts of our realm of Eng- 
land, fit for that purpose. That the person or persons com- 
mitting such robbery or spoil shall, within the time limited 
by such proclamation, make full restitution or Satisfaction of 
all such injuries done or committed ; so as the said prince or 
others so complaining may be fully satisfied and contented : 
And if the said person or persons, who shall commit any such 
robbery or spoil, shall not make satisfaction accordingly, within 



OF 1662.] BOUNDARY OF COLONY. -t^-^ 

such time so to be limited, That then it shall and may be law- 
ful for us, our heirs and successors, to put such person or per- 
sons out of our allegiance and protection ; and that it shall and 
may be lawful and free for all princes and others to prosecute with 
hostihties such offenders, and every of them, their and every of 
their procurers, aiders, abettors and counsellors in that behalf. 
Provided also, and our express will and pleasure is, and we do by 
these presents, for us, our heirs and successors, ordain and ap- 
point. That these presents shall not, in any manner, hinder any 
of our loving subjects whatsoever to use and exercise the trade 
of fishing, upon the coast of New England in America ; but 
they, and every or any of them, shall have full and free power 
and liberty to continue and use the said trade of fishing upon 
the said coast, in any of the seas thereunto adjoining, or any 
arms of the seas, or salt water rivers, where they have been ac- 
customed to fish ; and to build and fit up upon the waste lands be- 
longing to the said Colony of Connecticut, such wharf, stages, and 
workhouses, as shall be necessary for the salting, drying and keep- 
ing of their fish to be taken or gotten upon that coast ; any- 
thing in these presents contained to the contrary notwithstand- 
ing. And know ye further, that we, of our more abundant 
grace, certain knowledge, and mere motion, have given, granted 
and confirmed, and by these presents, for us, our heirs and suc- 
cessors do give, grant and confirm unto the said Governor and 
company, and their successors, all that part of our domin- 
ions in New England in America, bounded on the east by the 
Narrogancett River, commonly called Narrogancett Bay, where 
the said River falleth into the sea, and on the north by the line of 
the Massachusetts Plantation, and on the south by the sea, and in 
Longitude, as the line of the Massachusetts Colony running from 
east to west (that is to say) from the said Narrogancett Bay, on 
the east to the South Sea, on the west part, with the islands there- 
unto adjoining, together with all the firm lands, soils, grounds, 
havens, ports, rivers, waters, fishings, mines, minerals, precious 
stones, quarries, and all and singular commodities, jurisdictions, 
royalties, privileges, franchises, pre-eminences, and heredita- 
ments whatsoever, within the said tract, bounds, lands and islands 
aforesaid, or to them, or any of them belonging, to have and to 
hold the same, unto the said Governor and company, their Suc- 
cessors and assigns, for ever, upon trust, and for the use and 
benefit of themselves, and their associates, freemen of the said 
Colony, their heirs and assigns ; to be holden of us, our heirs 
and successors, as of our Manor of East Greenwich, in free and 
common Soccage, and not in capite, nor by Knight's service ; 
yielding and paying therefor to us, our heirs and successors, 
only the fifth part of all the ore of gold and silver, which from time 
to time and at all times hereafter, shall be there gotten, had or 



34 COLONIAL GOVERNMENT. [Charter 

obtained, in lieu of all services, duties and demands whatsoever, 
to be to us, our heirs and successors, therefore or thereout ren- 
dered, made, or paid. And lastly, we do for us, our heirs and 
successors, grant to the said Governor and company, and their 
successors, by these presents. That these our letters patents shall 
be firm, good and effectual in the law, to all intents, construc- 
tions and purposes whatsoever, according to our true intent and 
meaning herein before declared, as shall be construed, reputed, 
and adjudged most favorable on the behalf, and for the best 
benefit and Behoof of the said Governor and company, and 
their successors, although express mention of the true yearly 
value or certainty of the premises, or of any of them, or of any 
other Gifts or Grants by us, or by any of our progenitors or 
predecessors, heretofore made to the said Governor and Com- 
pany of the English Colony of Connecticut, in New England, 
in America aforesaid, in these presents is not made or any Stat- 
ute, Act, Ordinance, Provision, Proclamation, or restriction here- 
tofore had, made, enacted, ordained, or provided, or any other 
matter, cause or thing whatsoever, to the contrary thereof, in 
any wise notwithstanding. 

In witness whereof we have caused these our letters to be made 
patents. Witness Ourself at Westminster, the Three and 
Twentieth Day of April in the Fourteenth Year of our Reign. 

(Per Breve de Privato Sigillo.) 

HOWARD. 



OF 1662.] 



TABLE OF THE COLONIES. 



35 



Nature : ConsHtuHona 



' New Hampshire, 






Pi 

> 

o 
O 

< 

o 

o 
u 






O 



New York. 
New Jersey, 



.5 
"o 
c 

"> 
o 

Ph \ Virginia, 

\^ 
o 



settled in 1629) 

" 1662) 

" " 1664) 



o 



!-< 
Cj 
■t-J 

Oh 
O 
J-i 



cu 
U 



North Carolina, 
South Carolina, 
Georgia, 
Maryland, 

Pennsylvania, 

Delaware, 

Massachusetts, 
Rhode Island, 
Connecticut, 



Governor ap- 
pointed by 
King. 



Council ap- 
1606) -j pointed by 

King. 
1663) 

1663) 

1732) 
1632) 



(< <( 



1681) 
1682) 

1628) 
1636) 
1635) 



Assembly 
elected by 
people. 

Governor ap- 
pointed by 
Proprietor. 

Council ap- 
pointed by 
Proprietor. 

Assembly 
elected by 
people. 

Governor 
elected by 
people. 

Council elect- 
ed by peo- 
ple. 

Assembly 
elected by 
people. 



CHAPTER II. 

TENDENCY TO UNION. 

The thirteen colonies possessed no political bond of 
union. Politically, they were dependent upon England, 
Tendency to and independent of one another. But they 

Union. were all so far from the mother country that 

their relations with her, by degrees, became strained. 
England forgot that her American colonies had 
been settled by some of the most vigorous and inde- 
pendent of English stock, and attempted to impose taxes 
on them, in a manner contrary to English customs and 
contrary to their charters. The colonists were willing 
to assist England financially ; but they insisted upon the 
immemorial right of Englishmen to vote their taxes them- 
selves. England refused. The colonists petitioned, and 
sent frequent memorials to the King. England grew 
more arbitrary and treated the colonists ever more con- 
temptuously. 

Even before England had begun her arbitrary course 
with the colonies, they had felt the need of a political 
bond. They were individually weak, and subject to con- 
tinual inroads by the Indians. In 1643, part of the 
New England colonies — Massachusetts, Connecticut, 
Plymouth and New Haven — formed the New England 
Confederation which lasted for forty years. To it were 
delegated certain few powers and privileges for the gen- 
eral welfare and protection. It did not secure a very 
close union of the colonies in it. It was a simple con- 
federation. It accomplished some good by bringing the 
colonies in it into closer relationship, and securing to 



1643-1774.] EFFORTS TO UNITE. 37 

them better protection than they would otherwise have 
enjoyed. 

The sentiment in favor of a general union of the col- 
onies grew stronger as it became evident that England 
would not desist from her arbitrary course. In 1754 a 
Convention was held at Albany, and Franklin submitted 
a plan of union which provided for a Confederation with 
an executive head. It was then felt that union would be 
wise and beneficial ; it was not felt that it was absolutely 
necessary. Franklin's plan was rejected, after it had 
been considered at length. It did not please the mother 
country, and each colony was so anxious to preserve 
its individuality that it was unwilling to make conces- 
sions to the others. The pressure of circumstances 
which called them together, was not strong enough to 
unite them into a single body. In 1765 a convention of 
delegates from nine colonies met and asserted, in a bill 
of rights, the exclusive right of the colonies to tax them- 
selves. 

New England Confederation, 1643- 
1683 : Massachusetts, Connecticut, Plymouth 
and New Haven. 



Attempts at 
Union. 



Convention of 1754 : Plan of Union dis- 
cussed. 

Convention of 1765 : Assertion of ex- 
clusive right to levy their own taxes. Nine 
colonies represented. 

At last the colonies resolved upon more vigorous 
action, and in 1774 chose the first Continental Congress, 
Continental with a view to a calm and full consideration 
Congress. Qf their rights and duties. It met Sep- 
tember 5, and sat until October 26, and decided on 
three measures, viz. : a non-importation and non-expor- 
tation agreement ; an address to the people of Great 
Britain, and a memorial to the inhabitants of British 
America ; and a loyal address to the King. 



38 TENDENCY TO UNION [i775- 

The Continental Congress assembled again in 1775. 
It adopted a Declaration of Rights which enumerated 
the rights infringed by England since 1763. As this 
Declaration is an important document, it is given here, 
and should be carefully read. 

It will be seen that the colonists here resist the de- 
mands of England on three grounds : first, the laws of 
nature to which all men have equal right ; second, the 
principles of the English constitution which were the 
most just and free then known ; and third, the charters 
which had been granted them, and which recognized 
them as possessing all the rights of Englishmen, whether 
resident in any colony or in the realm itself. 

On each and all of these grounds there was sufficient 
reason to resist the encroachments of England. The 
resolutions in the Declaration state very clearly the 
rights which the colonists claimed. Most of these rights 
had been recognized in their charters. They may be 
found in the three charters which are given in this work 
to illustrate the provincial, proprietary and charter forms 
of government. 

DECLARATION OF RIGHTS. 

1775- 

Whereas, since the close of the last war, the British parlia- 
ment claiming a power of right, to bind the people of America 
by statutes in all cases whatsoever, hath, in some acts, expressly 
imposed taxes on them, and in others, under various pretences, 
but in fact for the purpose of raising a revenue, hath imposed 
rates and duties payable in these colonies, established a board 
of commissioners, with unconstitutional powers, and extended 
the jurisdiction of courts of admiralty, not only for collecting 
the said duties, but for the trial of causes merely arising within 
the body of a county. 

And whereas, in consequence of other statutes, judges, who 
before held only estates at will in their offices, have been made 
dependent on the crown alone for their salaries, and standing 
armies kept in times of peace : And whereas it has lately been 
resolved in parliament, that by force of a statute, made in the 
thirty-fifth year of the reign of king Henry the eighth, colonists 



1775-] OBNOXIOUS ACTS. 39 

may be transported to England, and tried there upon accusa- 
tions for treasons, and misprisions, or concealments of treasons 
committed in the colonies, and by a late statute, such trials 
have been directed in cases therein mentioned. 

And whereas, in the last session of parliament, three statutes 
were made ; one, entitled an " Act to discontinue, in such man- 
" ner and for such time as are therein mentioned, the landing 
" and discharging, lading, or shipping of goods, wares and mer- 
" chandise, at the town, and within the harbour of Boston, in 
"the province of Massachusetts-Bay, in North-America;" 
another, entitled " An act for the better regulating the govern- 
" ment of the province of Massachusetts-Bay in New-England ; " 
and another, entitled " An act for the impartial administration 
" of justice, in the cases of persons questioned for any act done 
" by them in the execution of the law, or for the suppression of 
" riots and tumults, in the province of the Massachusetts-Bay, 
" in New-England ; " and another statute was then made, " for 
" making more effectual provision for the government of the 
" province of Quebec, etc." All which statutes are impolitic, 
unjust, and cruel, as well as unconstitutional, and most danger- 
ous and destructive of American rights. 

And whereas, assemblies have been frequently dissolved, con- 
trary to the rights of the people, when they attempted to delib- 
erate on grievances ; and their dutiful, humble, loyal, and 
reasonable petitions to the crown for redress, have been repeat- 
edly treated with contempt by his majesty's ministers of 
state : 

The good people of the several colonies of New-Hampshire, 
Massachusetts-Bay, Rhode-Island and Providence Plantations, 
Connecticut, New-York, New-Jersey, Pennsylvania, New-Castle, 
Kent, and Sussex, on Delaware, Maryland, Virginia, North- 
Carolina, and South-Carolina, justly alarmed at these arbitrary 
proceedings of parliament and administration, have severally 
elected, constituted, and appointed deputies to meet, and sit in 
General Congress, in the city of Philadelphia, in order to obtain 
such establishment, as that their religion, laws, and liberties, 
may not be subverted. Whereupon the deputies so appointed 
being now assembled, in a full and free representation of these 
colonies, taking into their most serious consideration, the best 
means of attaining the ends aforesaid, do, in the first place, as 
Englishmen, their ancestors in like cases have usually done, 
for effecting and vindicating their rights and liberties, DE- 
CLARE, 

That the inhabitants of the English colonies in North- 
America, by the immutable laws of nature, the principles of the 
English constitution, and the several charters of compacts, have 
the following RIGHTS : 



40 TENDENCY TO UNION [1775. 

Resolved, N. C. Z>.* i. That they are entitled to life, liberty, 
and property, and they have never ceded to any sovereign power 
whatever, a right to dispose of either without their consent. 

Resolved, N. C. D. 2. That our ancestors, who first settled 
these colonies, were at the time of their emigration from the 
mother country, entitled to all the rights, Hberties, and immu- 
nities of free and natural-born subjects, within the realm of 
England. 

Resolved, N. CD. 3. That by such emigration they by no 
means forfeited, surrendered, or lost any of those rights, but 
that they were, and their descendants now are, entitled to the 
exercise and enjoyment of all such of them, as their local and 
other circumstances enable them to exercise and enjoy. 

Resolved, 4. That the foundation of English liberty, and of 
all free government, is a right in the people to participate in 
their legislative council : and as the English colonists are not 
represented, and from their local and other circumstances, can- 
not properly be represented in the British parliament, they are 
entitled to a free and exclusive power of legislation in their sev- 
eral provincial legislatures, where their right of representation 
can alone be preserved, in all cases of taxation and internal pol- 
ity, subject only to the negative of their sovereign, in such 
manner as has been heretofore used and accustomed. But, 
from the necessity of the case, and a regard to the mutual inter- 
est of both countries, we cheerfully consent to the operation of 
such acts of the British parliament, as are bona fide, restrained 
to the regulation of our external commerce, for the purpose of 
securing the commercial advantages of the whole empire to the 
mother country, and the commercial benefits of its respective 
members ; excluding every idea of taxation internal or external, 
for raising a revenue on the subjects in America, without their 
consent. 

Resolved, N. C. D. 5. That the respective colonies are enti- 
tled to the common law of England, and more especially to the 
great and inestimable privilege of being tried by their peers of 
the vicinage, according to the course of that law. 

Resolved, 6. That they are entitled to the benefit of such 
of the English statutes, as existed at the time of their 
colonization ; and which they have, by experience, respectively 
found to be applicable to their several local and other circum- 
stances. 

Resolved, N. C. D. 7. That these, his majesty's colonies, are 
likewise entitled to all the immunities and privileges granted and 
confirmed to them by royal charters, or secured by their several 
codes of provincial laws. 

* An abbreviation for nevtifie cont7-adicente ; that is, no one opposing or dis- 
agreeing. 



I775-] VIOLATED RIGHTS. 41 

Resolved, N. C. D. 8. That they have a right peaceably to 
assemble, consider of their grievances, and petition the king ; 
and that all prosecutions, prohibitory proclamations, and com- 
mitments for the same, are illegal. 

Resolved, N. C. D. 9. That the keeping a standing army in 
these colonies, in times of peace, without the consent of the 
legislature of that colony, in which such army is kept, is against 
law. 

Resolved, N. CD. 10. It is indispensably necessary to good 
government, and rendered essential by the English constitution, 
that the constituent branches of the legislature be independent 
of each other ; that, therefore, the exercise of legislative power 
in several colonies, by a council appointed, during pleasure, by 
the crown, is unconstitutional, dangerous and destructive to the 
freedom of American legislation. 

All and each of which the aforesaid deputies, in behalf of 
themselves, and their constituents, do claim, demand, and insist 
on, as their indubitable rights and liberties ; which cannot be 
legally taken from them, altered or abridged by any power what- 
ever, without their own consent, by their representatives in their 
several provincial legislatures. 

In the course of our inquiry, we find many infringements and 
violations of the foregoing rights, which from an ardent desire, 
that harmony and mutual intercourse of affection and interest 
may be restored, we pass over for the present, and proceed to 
state such acts and measures as have been adopted since the 
last war, which demonstrate a system formed to enslave 
America. 

Resolved, N. C. D. That the following acts of parliament are 
infringements and violations of the rights of the colonists ; and 
that the repeal of them is essentially necessary, in order to re- 
store harmony between Great Britain and the American colonies, 
viz. : 

The several acts of 4 Geo, III. ch. 15, and ch. 34. — 5 Geo. 
III. ch. 25. — 6 Geo. III. ch. 52. — 7 Geo. III. ch. 41, and ch. 
46. — 8 Geo. III. ch. 22, which impose duties for the purpose of 
raising a revenue in America, extend the power of the admiralty 
courts beyond their ancient limits, deprive the American subject 
of trial by jury, authorize the judges' certificate to indemnify 
the prosecutor from damages, that he might otherwise be liable 
to, requiring oppressive security from a claimant of ships and 
goods seized, before he shall be allowed to defend his property, 
and are subversive of American rights. 

Also 12 Geo. III. ch. 24, entitled "An act for the better se- 
curing his majesty's dock-yards, magazines, ships, ammunition, 
and stores," which declares a new offence in America, and de- 
prives the American subject of a constitutional trial by jury 



42 TENDENCY TO UNION. [1775-76. 

of the vicinage, by authorizing the trial of any person, charged 
with the committing any offence described in the said act, out of 
the realm, to be indicted and tried for the same in any shire or 
county within the realm. 

Also the three acts passed in the last session of parliament, 
for stopping the port and blocking up the harbor of Boston, for 
altering the charter and government of Massachusetts-Bay, and 
that which is entitled " An act for the better administration of 
justice," etc. 

Also the act passed in the same session for establishing the 
Roman Catholic religion, in the province of Quebec, abolishing 
the equitable system* of English laws, and erecting a tyranny 
there, to the great danger (from so total a dissimilarity of re- 
ligion, law and government) of the neighboring British colonies, 
by the assistance of whose blood and treasure the said country 
was conquered from France. 

Also, the act passed in the same session, for the better pro- 
viding suitable quarters for officers and soldiers in his majesty's 
service, in North America. 

Also, that the keeping a standing army in several of these 
colonies, in time of peace, without the consent of the legisla- 
ture of that colony, in which such army is kept, is against law. 

To these grievous acts and measures, Americans cannot sub- 
mit, but in hopes their fellow-subjects in Great Britain will, on 
a revision of them, restore us to that state, in which both coun- 
tries found happiness and prosperity, we have for the present, 
only resolved to pursue the following peaceable measures : i. 
To enter into a non-importation, non-consumption, and non-ex- 
portation agreement or association. 2. To prepare an address 
to the people of Great Britain, and a memorial to the inhabi- 
tants of British America : and 3. To prepare a loyal address to 
his majesty, agreeable to resolutions already entered into. 

In the Congress of 1776 it was resolved that "these 
United Colonies are, and of right ought to be, free and 
independent states, and that all political connection 
between them and Great Britain is, and ought to be, 
totally dissolved." The Declaration of Independence 
was adopted and a committee was appointed to prepare a 
plan of confederation. 

The crisis had come. If England had respected the 
charters she had granted there could have been no revo- 
lution in 1776. The Crown, however, being the sover- 
eign, claimed the supreme right to legislate on all sub- 



1776.] RIGHTS OF MAN. 43 

jects. When this right was asserted in levying internal 
taxes, contrary to custom, the colonists resisted. Their 
reasons are set forth in the " Declaration of Rights " just 
given. That, failing of effect, they could secure their 
rights only through independence of the Crown. 

DECLARATION OF INDEPENDENCE. 

A DECLARATION BY TH^ REPRESENTATIVES OF THE UNITED 
STATES OF AMERICA, IN CONGRESS. ASSEMBLED, JULY 

4, 1776. 

When, in the course of human events, it becomes necessary 
for one people to dissolve the political bands which have con- 
nected them with another, and to assume, among the powers of 
the earth, the separate and equal station to which the laws of 
nature and of nature's God entitle them, a decent respect to the 
opinions of mankind requires that they should declare the causes 
which impel them to the separation. 

We hold these truths to be self-evident — that all men are 
created equal ; that they are endowed by their Creator with cer- 
tain unaHenable rights ; that among these are life, liberty, and 
the pursuit of happiness ; that, to secure these rights, govern- 
ments are instituted among men, deriving their just powers 
from the consent of the governed ; that, whenever any form of 
government becomes destructive of these ends, it is the right of 
the people to alter or to abolish it, and to institute a new gov- 
ernment, laying its foundation on such principles, and organ- 
izing its powers in such form, as to them shall seem most likely 
to affect their safety and happiness. Prudence, indeed, will 
dictate that governments long established should not be 
changed for light and transient causes ; and, accordingly, all 
experience hath shown that mankind are more disposed to 
suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But when 
a long train of abuses and usurpations, pursuing invariably the 
same object, evinces a design to reduce them under absolute 
despotism, it is their right, it is their duty to throw off such 
government, and to provide new guards for their future secur- 
ity. Such has been the patient sufferance of these colonies, and 
such is now the necessity which constrains them to alter their 
former systems of government. The histoiy of the present 
king of Great Britain is a history of repeated injuries and usur- 
pations, all having, in direct object, the establishment of an 
absolute tyranny over these states. To prove this, let facts be 
submitted to a candid world : 



44 TENDENCY TO UNION. [1776. 

He has refused his assent to laws the most wholesome and 
necessary for the public good. 

He has forbidden his governors to pass laws of immediate 
and pressing importance, unless suspended in their operation till 
his assent should be obtained ; and, when so suspended, he has 
utterly neglected to attend to them. 

He has refused to pass other laws for the accommodation of 
large districts of people, unless those people would rehnquish 
the right of representation in the Legislature — a right inestima- 
ble to them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the depository of their public 
records, for the sole purpose of fatiguing them into compliance 
with his measures. 

He has dissolved representative houses repeatedly for oppos- 
ing with manly firmness his invasions on the rights of the peo- 
ple. 

He has refused, for a long time after such dissolutions, to 
cause others to be elected, whereby the legislative powers, 
incapable of annihilation, have returned to the people at large 
for their exercise ; the state remaining, in the mean time, 
exposed to all the danger of invasion from without and con- 
vulsions within. 

He has endeavored to prevent the population of these states ; 
for that purpose obstructing the laws for naturalization of for- 
eigners, refusing to pass others to encourage their migration 
hither, and raising the conditions of new appropriations of lands. 

He has obstructed the administration of justice by refusing 
his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the ten- 
ure of their offices, and the amount and payment of their sala- 
ries. 

He has erected a multitude of new offices, and sent hither 
swarms of officers to harass our people and eat out their sub- 
stance. 

He has kept among us, in times of peace, standing armies 
without the consent of our Legislature. 

He has affected to render the military independent of and 
superior to the civil power. 

He has combined with others to subject us to a jurisdiction 
foreign to our Constitution, and unacknowledged by our laws, 
giving his assent to their acts of pretended legislation : 

For quartering large bodies of armed troops among us : 

For protecting them, by a mock trial, from punishment for 
any murders which they should commit on the inhabitants of 
these states : 

For cutting off our trade with all parts of the world : 



1776.] INJURIES ENUMERA TED. 45 

For imposing taxes on us without our consent : 

For depriving us, in many cases, of the benefits of trial by 
jury : 

For transporting us beyond seas to be tried for pretended 
offences : 

For abolishing the free system of EngHsh laws in a neighbor- 
ing province, establishing therein an arbitrary government, and 
enlarging its boundaries, so as to render it at once an example 
and fit instrument for introducing the same absolute rule into 
these colonies : 

For taking away our charters, abolishing our most valuable 
laws, and altering fundamentally the powers of our govern- 
ments : 

For suspending our own Legislatures, and declaring them- 
selves invested with power to legislate for us in all cases what- 
soever. 

He has abdicated government here by declaring us out of his 
protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our 
towns, and destroyed the fives of our people. 

He is, at this time, transporting large armies of foreign mer- 
cenaries to complete the works of death, desolation, and tyranny, 
already begun, with circumstances of cruelty and perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the 
high seas, to bear arms against their country, to become the 
executioners of their friends and brethren, or to fall themselves 
by their hands. 

He has excited domestic insurrection amongst us, and has 
endeavored to bring on the inhabitants of our frontiers the mer- 
ciless Indian savages, whose known rule of warfare is an undis- 
tinguished destruction of all ages, sexes, and conditions. 

In every stage of these oppressions, we have petitioned for 
redress, in the most humble terms ; our repeated petitions have 
been answered only by repeated injury. A prince, whose char- 
;icter is thus marked by every act which may define a tyrant, is 
unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our British 
brethren. 

We have warned them, from time to time, of attempts made 
by their legislature to extend an unwarrantable jurisdiction over 
us. We have reminded them of the circumstances of our emi- 
gration and settlement here. We have appealed to their native 
justice and magnanimity, and we have conjured them, by the 
ties of our common kindred, to disavow these usurpations, which 
would inevitably interrupt our connections and correspondence. 



46 TENDENCY TO UNION. [1776. 

They, too, have been deaf to the voice of justice and consan- 
guinity. We must, therefore, acquiesce in the necessity, which 
denounces our separation, and hold them as we hold the rest of 
mankind, enemies in war, in peace, friends. 

We, therefore, the representatives of the United States of 
America, in general congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our intentions, 
do, in the name, and by the authority of the good people of these 
colonies, solemnly publish and declare. That these United Colo- 
nies are, and of right ought to ht,free a7idmdepende7it States ; 
that they are absolved from all allegiance to the British crown, 
and that all political connection between them and the state of 
Great Britain, is, and ought to be, totally dissolved ; and that, 
as FREE AND INDEPENDENT STATES, they have full power to 
levy war, conclude peace, contract alliances, establish commerce, 
and to do all other acts and things which independent States 
may of right do. And, for the support of this declaration, with 
a firm reliance on the protection of DIVINE PROVIDENCE, 
we mutually pledge to each other, our lives, our fortunes, and 
our sacred honor. 

The foregoing declaration, was, by order of Congress, en- 
grossed, and signed by the following members : 

JOHN HANCOCK. 

New Hampshire. — Josiah Bartlett, William Whipple, 
Matthew Thornton. 

Massachusetts Bay. — Samuel Adams, John Adams, Rob- 
ert Treat Paine, Elbridge Gerry, 

Rhode Island, etc. — Stephen Hopkins, William Ellery. 

Connecticut. — Roger Sherman, Samuel Huntington, Wil- 
liam Williams, Oliver Wolcott. 

New York. — William Floyd, Philip Livingston, Francis 
Lewis, Lewis Morris. 

New Jersey. — Richard Stockton, John Witherspoon, Francis 
Hopkinson, John Hart, Abraham Clark. 

Pennsylvania. — Robert Morris, Benjamin Rush, Benjamin 
Franklin, John Morton, George Clymer, James Smith, George 
Taylor, James Wilson, George Ross. 

Delaware. — Cassar Rodney, George Read, Thomas 
M'Kean. 

Maryland, — Samuel Chase, William Paca, Thomas Stone, 
Charles Carroll, of Carrollton. ' 

Virginia. — George Wythe, Richard Henry Lee, Thomas 
Jefferson, Benjamin Harrison, Thomas Nelson, Jr,, Francis 
Lightfoot Lee, Carter Braxton. 

North Carolina, — William Hooper, Joseph Hewes, John 
Penn. 



1776-81.] 



CONTINENTAL CONGRESS. 



47 



South Carolina. — Edward Rutledge, Thomas Heyward, 
Jr., Thomas Lynch, Jr., Arthur Middleton. 

Georgia. — Button Gwinnett, Lyman Hall, George Walton. 

[Copies of the foregoing Declaration were, by a resolution of 
Congress, sent to the several assembhes, conventions, and com- 
mittees, or councils of safety, and to the several commanding 
officers of the continental troops ; and it was also proclaimed 
in each of the United States, and at the head of the army,] 



In the Congress of 1777 "Articles of Confederation " 
were adopted, and were submitted to the States. I'he 
Congresses of 1778, 1779 and 1780 were occupied chiefly 
with providing means by which to carry on the Revo- 
lution. 



Continental 
Congresses. 



1774.^ 

1775- 
1776. 



1777. 



1778. 

1779- 
1780. 



13. 



' I. Non-importation and non-exporta- 
tion agreement. 
Address to people of Great Britain 
and Memorial to inhabitants of 
British America. 
Loyal address to the King. 
Declaration of Rights. 
Declaration of Independence. 
Committee to prepare a plan for a 
\ Confederation. 

f Articles of Confederation : ratified 
July, 1778, by New Hampshire, Mas- 
sachusetts, Connecticut, Rhode Is- 
land, New York, Pennsylvania, North 
Carolina, South Carolina, Virginia, 
and Georgia. In Nov., 1778, by 
New Jersey; Feb., 1779, by Dela- 
ware, and March, 1781, by Maryland. 
Provision to carry on the Revolution. 



The " Articles of Confederation," proposed in 1777 and 
adopted by the last of the thirteen colonies in 1781, are 
as follows : — 



48 TENDENCY TO UNION. [1781. 

ARTICLES OF CONFEDERATION AND PERPETUAL 
UNION BETWEEN THE STATES. 

TO ALL TO WHOM THESE PRESENTS SHALL COME, 
WE THE UNDERSIGNED DELEGATES OF THE 
STATES AFFIXED TO OUR NAMES, SEND GREET- 
ING. — Whereas the Delegates of the United States of America 
in Congress assembled did on the 15th day of November in the 
Year of our Lord 1777, and in the Second Year of the Inde- 
pendence of America agree to certain articles of Confederation 
and perpetual . Union between the States of New Hampshire, 
Massachusetts-bay, Rhode-island and Providence Plantations, 
Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North-Carolina, South-Carolina, and 
Georgia, in the words following, viz. 

Articles of Confederation and Perpetual Unio7i between the 
States of New Hampshire, Massachusetts-Bay, Rhode- 
Islajid and Provide7ice Plantatio7is, Co7inecticut , N'ew- 
York, New-fersey, Pe7i7isylva7tia, Delaware, Ma7yla7id, 
Virgi7iia, North-Car oli7ia, South-Caroli7ia, and Georgia. 

Article I, — The style of this Confederacy shall be, " The 
United States of America." 

Article II. — Each State retains its sovereignty, freedom, 
and independence, and every power, jurisdiction, and right, 
which is not by this Confederation expressly delegated to the 
United States in Congress assembled. 

Article III. — The said States hereby severally enter into a 
firm league of friendship with each other, for their common de- 
fense, the security of their liberties, and their mutual and gen- 
eral welfare, binding themselves to assist each other against all 
force offered to, or attacks made upon them, or any of them, on 
account of religion, sovereignty, trade, or any other pretense 
whatever. 

Article IV. — The better to secure and perpetuate mutual 
friendship and intercourse among the people of the different 
States in this Union, the free inhabitants of each of these States, 
paupers, vagabonds, and fugitives from justice excepted, shall 
be entitled to all privileges and immunities of free citizens in the 
several States ; and the people of each State shall have free in- 
gress and regress to and from any other State, and shall enjoy 
therein all the privileges of trade and commerce subject to the 
same duties, impositions, and restrictions as the inhabitants 
thereof respectively ; provided that such restrictions shall not 
extend so far as to prevent the remo\al of property imported 
into any State to any other State of which the owner is an in- 
habitant ; provided also, that no imposition, duties, or restric- 



1 78 1.] FORMATION OF CONGRESS. 49 

tion shall be laid by any State on the property of the United 
States or either of them. If any person guilty of, or charged 
with, treason, felony, or other high misdemeanor in any State 
shall flee from justice and be found in any of the United States, 
he shall, upon demand of the governor or executive power of 
the State from which he fled, be delivered up and removed to 
the State having jurisdiction of his offense. Full faith and 
credit shall be given in each of these States to the records, acts, 
and judicial proceedings of the courts and magistrates of every 
other State. 

Article V. — For the more convenient management of the 
general interests of the United States, delegates shall be an- 
nually appointed in such manner as the Legislature of each 
State shall direct, to meet in Congress on the first Monday in 
November, in every year with a power reserved to each State to 
recall its delegates, or any of them, at any time within the year, 
and to send others in their stead for the remainder of the year. 
No State shall be represented in Congress by less than two, nor 
by more than seven members ; and no person shall be capable 
of being a delegate for more than three years in any term of six 
years ; nor shall any person, being a delegate, be capable of 
holding any office under the United States for which he, or 
another for his benefit, receives any salaiy, fees, or emolument 
of any kind. Each State shall maintain its own delegates in 
any meeting of the States and while they act as members of the 
Committee of the States. In determining questions in the 
United States in Congress assembled, each State shall have one 
vote. Freedom of speech and debate in Congress shall not be 
impeached or questioned in any court or place out of Congress ; 
and the members of Congress shall be protected in their per- 
sons from arrests and imprisonment during the time of their 
going to and from, and attendance on, Congress, except for 
treason_, felony, or breach of the peace. 

Article VI. — No State, without the consent of the United 
States, in Congress assembled, shall send any embassy to, or 
receive any embassy from, or enter into any conference, agree- 
ment, aUiance, or treaty with any king, 'prince, or state; nor 
shall any person holding any office of profit or trust under 
the United States, or any of them, accept of any present, eniolu- 
ment, office, or title of any kind whatever from any king, prince, 
or foreign state ; nor shall the United States, m Congress assem- 
bled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confedera- 
tion, or alliance whatever between them, without the consent of 
the United States, in Congress assembled, specifying accurately 
the purposes for which the same is to be entered into, and how 
long it shall continue. 



5© TENDENCY TO UNION. [1781. 

No State shall lay any imposts or duties which may interfere 
with any stipulations in treaties entered into by the United States, 
in Congress assembled, with any king, prince, or state, in pur- 
suance of any treaties already proposed by Congress to the 
courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any 
State, except such number only as shall be deemed necessary by 
the United States, in Congress assembled, for the defense of 
such State or its trade, nor shall any body of forces be kept up 
by any State in time of peace, except such number only as, in 
the judgment of the United States, in Congress assembled, shall 
be deemed requisite to garrison the forts necessary for the defense 
of such State ; but every State shall always keep up a well- 
regulated and disciplined militia, sufficiently armed and accou- 
tred, and shall provide and constantly have ready for use in 
public stores a due number of field-pieces and tents, and a 
proper quantity of arms, ammunition and camp equipage. 

No State shall engage in any war without the consent of the 
United States, in Congress assembled, unless such State be 
actually invaded by enemies, or shall have received certain advice 
of a resolution being formed by some nation of Indians to invade 
such State, and the danger is so imminent as not to admit of a 
delay till the United States, in Congress assembled, can be con- 
sulted ; nor shall any State grant commissions to any ships or 
vessels of war, nor letters of marque or reprisal, except it be 
after a declaration of war by the United States, in Congress 
assembled, and then only against the kingdom or state, and the 
subjects thereof, against which war has been so declared, and 
under such regulations as shall be established by the United 
States, in Congress assembled, unless such State be infested by 
pirates, in which case vessels of war may be fitted out for that 
occasion, and kept so long as the danger shall continue, or until 
the United States, in Congress assembled, shall determine other- 
wise. 

Article VII. — When land forces are raised by any State for 
the common defense, all officers of or under the rank of Colonel 
shall be appointed by the Legislature of each State respectively 
by whom such forces shall be raised, or in such manner as such 
State shall direct, and all vacancies shall be filled up by the State 
which first made the appointment. 

Article VIII. — All charges of war, and all other expenses 
that shall be incurred for the common defense, or general wel- 
fare, and allowed by the United States, in Congress assembled, 
shall be defrayed out of a common treasury, which shall be 
supplied by the several States in proportion to the value of all 
land within each State, granted to, or surveyed for, any person, 
as suQh land and the buildings and improvements thereon shall 



I78i.] POWERS OF CONGRESS. 51 

be estimated, according to such mode as the United States, in 
Congress assembled, shall, from time to time, direct and appoint. 
The taxes for paying that proportion shall be laid and levied by 
the authority and direction of the Legislatures of the several 
States, within the time agreed upon by the United States, in 
Congress assembled. 

Article IX. — The United States, in Congress assembled, 
shall have the sole and exclusive right and power of determin- 
ing on peace and war, except in the cases mentioned in the 
sixth Article ; of sending and receiving ambassadors ; entering 
into treaties and alliances, provided that no treaty of commerce 
shall be made, whereby the legislative power of the respective 
States shall be restrained from imposing such imposts and 
duties on foreigners as their own people are subjected to, or 
from prohibiting the exportation or importation of any species 
of goods or commodities whatever ; of establishing rules for de- 
ciding, in all cases, what captures on land and water shall be 
legal, and in what manner prizes taken by land or naval forces 
in the service of the United States shall be divided or appropri- 
ated; of granting letters of marque and reprisal in times of 
peace ; appointing courts for the trial of piracies and felonies 
committed on the high seas ; and establishing courts for receiv- 
ing and determining finally appeals in all cases of captures ; pro- 
vided that no member of Congress shall be appointed a judge 
of any of the said courts. 

The United States, in Congress assembled, shall also be the 
last resort on appeal in all disputes and differences now sub- 
sisting, or that hereafter may arise between two or more- 
States concerning boundary, jurisdiction, or any other cause 
whatever ; which authority shall always be exercised in the 
manner following : Whenever the legislative or executive 
authority, or lawful agent of any State in controversy with an- 
other, shall present a petition to Congress, stating the matter in 
question, and praying for a hearing, notice thereof shall be 
given by order of Congress to the legislative or executive author- 
ity of the other State in controversy, and a day assigned for the 
appearance of the parties by their lawful agents, who shall then 
be directed to appoint, by joint consent, commissioners or 
judges to constitute a court for hearing and determining the 
matter in question ; but if they cannot agree. Congress shall 
name three persons out of each of the United States, and from 
the list of such persons each party shall alternately strike out 
one, the petitioners beginning, until the number shall be re- 
duced to thirteen ; and from that number not less than seven 
nor more than nine names, as Congress shall direct, shall, in the 
presence of Congress, be drawn out by lot ; and the persons 
whose names shall be so drawn, or any five of them, shall be 



52 TENDENCY TO UNION, [1781. 

commissioners or judges, to hear and finally determine the con- 
troversy, so always as a major part of the judges who shall 
hear the cause shall agree in the determination ; and if either 
party shall neglect to attend at the day appointed, without 
showing reasons which Congress shall judge sufficient, or be- 
ing present, shall refuse to strike, the Congress shall proceed to 
nominate three persons out of each State, and the secretary of 
Congress shall strike in behalf of such party absent or refusing ; 
and the judgment and sentence of the court, to be appointed in 
the manner before prescribed, shall be final and conclusive ; and 
if any of the parties shall refuse to submit to the authority of 
such court, or to appear or defend their claim or cause, the court 
shall nevertheless proceed to pronounce sentence or judgment, 
which shall in like manner be final and decisive ; the judgment 
or sentence and other proceedings being in either case trans- 
mitted to Congress, and lodged among the acts of Congress 
for the security of the parties concerned ; provided, that every 
commissioner, before he sits in judgment, shall take an oath, to 
be administered by one of the judges of the supreme or su- 
perior court of the State where the cause shall be tried, 
" well and truly to hear and determine the matter in question, 
according to the best of his judgment, without favor, affec- 
tion, or hope of reward." Provided, also, that no State shall 
be deprived of territory for the benefit of the United States. 

All controversies concerning the private right of soil claimed 
under different grants of two or more States, whose jurisdic- 
tions, as they may respect such lands and the States which 
passed such grants are adjusted, the said grants or either of 
them being at the same time claimed to have originated ante- 
cedent to such settlement of jurisdiction, shall, on the petition 
of either party to the Congress of the United States, be finally 
determined, as near as may be, in the same manner as is before 
prescribed for deciding disputes respecting territorial jurisdic- 
tion between different States. 

The United States, in Congress assembled, shall also have 
the sole and exclusive right and power of regulating the alloy 
and value of coin struck by their own authority, or by that of 
the respective States , fixing the standard of weights and meas- 
ures throughout the United States ; regulating the trade and 
managing all affairs with the Indians, not members of any of 
the States ; provided that the legislative right of any State, 
within its own limits, be not infringed or violated ; establishing 
and regulating post-offices from one State to another, through- 
out all the United States, and exacting such postage on the 
papers passing through the same as may be requisite to defray 
the expenses of the said office ; appointing all officers of the 
land forces in the service of the United States, excepting regi- 



I78i.] COMMITTEE OF THE STATES. 53 

mental officers ; appointing all the officers of the naval forces, 
and commissioning all officers whatever in the service of the 
United States ; making rules for the government and regulation 
of the said land and naval forces, and directing their operations. 
The United States in Congress assembled, shall have author- 
ity to appoint a committee, to sit in the recess of Congress, to 
be denominated, "A Committee of the States," and to consist 
of one delegate from each State, and to appoint such otlier com- 
mittees and civil officers as may be necessary for managing the 
general affairs of the United States under their direction ; to- 
appoint one of their number to preside ; provided that no person 
be allowed to serve in the oifice of president more than one 
year in any term of three years ; to ascertain the necessary 
sums of money to be raised for the service of the United States, 
and to appropriate and apply the same for defraying the pubhc 
expenses ; to borrow money or emit bills on the credit of the 
United States, transmitting every half year to the respective 
States an account of the sums of money so borrowed or emit- 
ted ; to build and equip a navy ; to agree upon the number of 
land forces, and to make requisitions from each State for its 
quota, in proportion to the number of white inhabitants in such 
State, which requisition shall be binding ; and thereupon the 
Legislature of each State shall appoint the regimental officers, 
raise the men, and clothe, arm, and equip them in a soldier-Hke 
manner, at the expense of the United States ; and the officers 
and men so clothed, armed, and equipped shall march to the 
place appointed, and within the time agreed on by the United 
States, in Congress assembled ; but if the United States, in 
Congress assembled, shall, on consideration of circumstances, 
judge proper that any State should not raise men, or should 
raise a smaller number than its quota, and that any other State 
should raise a greater number of men than the quota thereof, 
such extra number shall be raised, officered, clothed, armed and 
equipped in the same manner as the quota of such State, unless 
the legislature of such State shall judge that such extra number 
can not be safely spared out of the same, in which case they 
shall raise, officer, clothe, arm and equip as many of such extra 
number as they judge can be safely spared, and the officers and 
men so clothed, armed, and equipped shall march to the place 
appointed, and within the time agreed on by the United States, 
in Congress assembled. 

The United States, in Congress assembled, shall never engage 
in a war nor grant letters of marque and reprisal in time of 
peace, nor enter into any treaties or alliances, nor coin money, 
nor regulate the value thereof, nor ascertain the sums and ex- 
penses necessary for the defense and welfare of the United 
States, or any of them nor emit bills, nor borrow money on the 



54 TENDENCY TO UNION. [1781. 

credit of the United States, nor appropriate money, nor agree 
upon the number of vessels of war to be built or purchased, or 
the number of land or sea forces to be raised, nor appoint a 
commander-in-chief of the army or navy, unless nine States as- 
sent to the same, nor shall a question on any other point, except 
for adjourning from day to day, be determined, unless by the 
votes of a majority of the United States, in Congress assembled. 

The Congress of the United States shall have power to ad- 
journ to any time within the year, and to any place within the 
United States, so that no period of adjournment be for a longer 
duration than the space of six months, and shall publish the 
journal of their proceedings monthly, except such parts thereof 
relating to treaties, alliances, or military operations as in their 
judgment require secrecy ; and the yeas and nays of the dele- 
gates of each State, on any question, shall be entered on the 
journal when it is desired by any delegate ; and the delegates of 
a State, or any of them, at his or their request, shall be furnished 
with a transcript of the said journal except such parts as are 
above excepted, to lay before the Legislatures of the several 
States. 

Article X. — The Committee of the States, or any nine of 
them, shall be authorized to execute, in the recess of Congress, 
such of the powers of Congress as the United States, in Con- 
gress assembled, by the consent of nine States, shall, from time 
to time, think expedient to vest them with ; provided that no 
power be delegated to the said Committee, for the exercise of 
which, by the Articles of Confederation, the voice of nine States 
in the Congress of the United States assembled is requisite. 

Article XI. — Canada, acceding to this Confederation, and 
joining in the measures of the United States, shall be admitted 
into, and entitled to all the advantages of this Union ; but no 
other colony shall be admitted into the same, unless such ad- 
mission be agreed to by nine States. 

Article XII. — All bills of credit emitted, moneys borrowed, 
and debts contracted by or under the authority of Congress, 
before the assembling of the United States, in pursuance of the 
present Confederation, shall be deemed and considered as a 
charge against the United States, for payment and satisfaction 
whereof the said United States and the public faith are hereby 
solemnly pledged. 

Article XIII. — Every State shall abide by the determina- 
tions of the United States, in Congress assembled, on all ques- 
tions which by this Confederation are submitted to them. 
And the Articles of this Confederation shall be inviolably ob- 
served by every State, and the Union shall be perpetual ; nor 
shall any alteration at any time hereafter be made in any of 
them, unless such alteration be agreed to in a Congress of the 



I78r.] SIGNATURES TO THE ARTICLES. 55 

United States, and be afterwards confirmed by the Legislatures 
of every State. 

And whereas it hath pleased the great Governor of the 
world to incline the hearts of the Legislatures we respectively 
represent in Congress to approve of, and to authorize us to 
ratify, the said Articles of Confederation and perpetual Union, 
know ye, that we, the undersigned delegates, by virtue of the 
power and authority to us given for that purpose, do, by these 
presents, in the name and in behalf of our respective constit- 
uents, fully and entirely ratify and confirm each and every of the 
said Articles of Confederation and perpetual Union, and all and 
singular the matters and things therein contained. And we do 
further solemnly plight and engage the faith of our respective 
constituents, that they shall abide by the determinations of the 
United States, in Congress assembled, on all questions which by 
the said Confederation are submitted to them ; and that the 
Articles thereof shall be inviolably observed by the States we 
respectively represent, and that the Union shall be perpetual. 
In witness whereof, we have hereunto set our hands in Congress. 
Done at Philadelphia, in the State of Pennsylvania, the ninth 
day of July, in the year of our Lord 1778, and in the third year 
of the Independence of America. 

On the part and behalf of the state of New-Hampshire, 

Josiah Bartlett, 
John Wentworth, Jun., 

August 8th, 1778. 

On the part and behalf of the state of Massachusetts-Bay, 

John Hancock, 
Samuel Adams, 
Elbridge Gerry, 
Francis Dana, 
James Lovell, 
Samuel Holten. 

On the part and behalf of the state of Rhode-Island and Provi- 
dence Plantations, 

William Ellery, 
Henry Marchant, 
John Collins. 

On the part and behalf of the state of Connecticut, 

Roger Sherman, 
Samuel Huntington, 
Oliver Wolcott, 
Titus Hosmer, 
Andrew Adam. 



56 TENDENCY TO UNION. [1781. 

On the part and behalf of the state of New- York, 

Jas Duane, 
Fras Lewis, 
William Duer, 
Gouv'r Morris. 

On the part and behalf of the state of New Jersey, November 
26th, 1778, 

Jno Witherspoon, 
Nath'l Scudder. 

On the part and behalf of the state of Pennsylvania, 

Rob't Morris, 
Daniel Roberdeau, 
Jona Bayard Smith, 
William Clingan, 
Joseph Reed, 

22d July, 1778. 

On the part and behalf of the state of Delaware, 

Tho M'Kean, 

Feb. 12, 1779, 
John Dickinson, 

May 5, 1779, 
Nicholas Van Dyke. 

On the part and behalf of the state of Maryland, 

John Hanson, 

March ist, 1781, 
Daniel Carroll, 

March ist, 1781. 

On the part and behalf of the state of Virginia, 

Richard Henry Lee, 
John Banister, 
Thomas Adams, 
Jno Harvie, 
Francis Lightfoot Lee. 

On the part and behalf of the state of North-Carolina, 

John Penn, 

July 2 1 St, 1778, 
Corns Harnett, 
Jno Williams. 

On the part and behalf of the state of South-Carolina, 

Henry Laurens, 
William Henry Drayton, 
Jno Matthews, 
Rich'd Hutson, 
Thos. Heyward, Jun. 



1 78 1.] NATURE OF THE CONFEDERATION. 57 

On the part and behalf of the state of Georgia, 

Jno Walton, 

24th July, 1778, 
Edw'd Telfair, 
<^ Edw'd Langworthy. 

The characteristic features of the Articles of Confedera- 
tion should be borne in mind. According to that in- 
Commentary on strument, the union was to be a league 

the Articles of friendship — a confederation — between 

of Confederation, u • »» ^ 4. \ r^ 

sovereign states. A Congress, in 

which the states should have equal voice, was to manage 

their general interests. To this Congress were delegated 

most of the rights of sovereignty. But no means were 

given it by which it could execute its powers. It could 

only advise the states, and send them its suggestions, and 

they, if they chose, could ignore them. 

All attempts at union, before the inception of the 
Revolution had failed ; because its necessity had not been 
sufficiently apparent to compel the states to surrender, 
for the general good, enough of their supposed interests 
to make union practicable. Revolution was now in pro- 
gress and the people saw that they must unite in order 
to prosecute the war. In order to form a union, they 
knew that each state must yield something to the others. 
To yield as little as possible was the universal wish. The 
Articles of Confederation, as adopted, curiously attempted 
to harmonize the conflicting local interests of thirteen 
" sovereign " powers, with the general interests of a single 
power, which should lead them, while they controlled it. 
Throughout the Articles, the opposing interests struggle 
for the mastery. 

The feature of the Articles of Confederation which is 
of special importance is the division of power which was 
contemplated. The Confederation was intrusted with 
sovereign rights, but lacked the vital principle of sov- 
ereignty — it possessed no power to enforce its rights. The 



58 TENDENCY TO UNION. [1781. 

states retained all the means by which powers could be 
executed. They controlled the action of the Confedera- 
tion by constituting themselves the only agents through 
which it could act. This was a peculiar relationship of 
the body and its members. The states made the Con- 
federation theoretically sovereign by granting to it the 
prerogatives of sovereignty in accordance with the neces- 
sity of the situation. They pledged themselves to " abide 
by the determinations of the United States in Congress 
assembled, on all questions which by this Confederation 
are submitted to them. And the Articles of this Con- 
federation shall be inviolably observed in every state." 
But they made themselves the only instruments for the 
execution of the Confederation's decrees, and provided 
no penalty for failure to act ; thus making it actually 
optional with each state whether it would notice the leg- 
islation of the Confederation, A study of the Articles of 
Confederation thus resolves itself into an examination of 
these two heads, viz : — The Powers of the States, and The 
Powers of the Confederation. 

First : The Powers of the States. The states, in their 
role of sovereign powers, formed a perpetual Confedera- 
tion. They declared that each state retained its " sov- 
ereignty," and that the Confederation was a "league of 
friendship." A congress, to care for general interests, 
was formed, and in it all states had equal voice. The 
representatives of a state could not cast individual bal- 
lots. The vote of each state was given in accordance 
with the decision of a majority of its representatives. 
The assent of nine states was required to the more im- 
portant measures. Requisitions, or requests, for troops 
and taxes could be served on states by Congress ; the states 
could not be coerced. The action of the Confederation 
depended upon the almost unanimous vote of the states 
on measures proposed in Congress. The states reserved 
nearly every practical power. The Confederation was 



1 78 1.] THE CONFEDERATION. 59 

their creature and could move only by their united action. 
In form, by the letter of the Articles of Confederation, 
there were delegated to the Confederation all strictly 
national powers; but at the same time, the states reserved to 
themselves the means by which the powers could be put 
in operation. The states, therefore, needed only to ignore 
the advice or requisition of the Confederation, in order to 
negative all the nationality conferred upon it. The states 
had formed the Confederation in their political capacity 
of states, and they acted on the principle that the creator 
is greater than the thing created. 

Second : The Powers of the Confederation. The 
Articles of Confederation, while professing to reserve to 
each state its " sovereignty," conferred on the United 
States, all the rights of sovereignty ; except one, and that 
one the power to enforce its decisions. The people of 
each state were to have full rights in every other state. 
The United States alone could treat with foreign powers ; 
levy duties ; make treaties ; declare war ; keep war ves- 
sels ; send and receive ambassadors ; grant letters of 
marque and reprisal ; appoint courts to try piracy ; es- 
tablish prize courts ; manage Indian affairs and establish 
post-offices. These are sovereign powers ; but they were 
restricted and hampered by the provision that nine states 
must assent to legislation which would put them in opera- 
tion. The power of the Confederation was made sover- 
eign by the Articles of Confederation ; because to it was 
granted, by enumeration, the riglits which belong only to 
sovereignty. But the powers which were enumerated and 
declared to belong to the Confederation, could rarely be 
executed, because the states did not provide means to ex- 
ecute them, although in granting to the Confederation 
sovereign powers they pledged themselves to execute its 
decrees. The states acted directly on the people and did 
possess means to execute any powers. The Confedera- 
tion had no means to enforce its so-called sovereignty be»- 



6o 



TENDENCY TO UNION. 



[1781. 



yond advice, which was ignored, and requisitions which 
were disregarded. 



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Powers of the 
States. 



Retained their " sovereignty." 
Were the instruments to carry out 

the decrees of the Confederation. 
If states failed to act, they could not 
be coerced, and action by the Con- 
federation was rendered impossi- 
ble. 



Powers of the 
Confederation. 



' All Sovereign Powers : — 

To declare war ; send and receive 
ambassadors ; make treaties ; grant 
letters of marque and reprisal ; ap- 
point courts to try piracy; establish 
prize courts. Congress to be last 
resort in disputes between States. 

Regulate value of coin ; fix stand- 
ard of weights and measures ; 
manage Indian affairs ; establish 
post-offices ; borrow money ; build 
navy and agree on number of land 
forces. 

On the more important questions, 
nine states must agree to a meas- 
ure. When a measure was adopted 
Congress could only recommend 
it to the states, and they could 
execute it if they chose. 

" One nation to-day and thirteen to- 
morrow." 

Such was the form of the confederation. The states 
succeeded, in the articles of Confederation, in combining, 
Operation of the on paper, two forms of sovereignty, which 
Confederation. ^gj-e to act together. They granted to 
the Confederation sovereign riglits as they saw was 
necessary, but without that fundamental requisite of 
sovereignty — the power to enforce them. They re- 
tained all the means by which the powers could be 
excuted. The Confederation, therefore, could not put 
in operation any of its powers ; it depended upon the 
action of the states for the completion of all its designs ; 



1781-85.] PROSTRATION OF COUNTRY. 61 

it became in operation a purely advisatory body, and was 
ignored or disregarded by the states, at their pleasure. 

The Confederation could contract debts, but could not 
guarantee their payment ; it could- make treaties, but 
could not put them in operation ; it possessed neither 
executive nor judiciary ; it could only legislate and advise; 
it could not enforce its legislation nor make its advice 

respected. 

■'After peace was declared, that slender respect which 
had been shown to Congress, as the organ of the Con- 
federation, almost ceased. The states resumed the sep- 
arate and individual existence which they had possessed 
before the war, and tendencies to disunion grew stronger. 
The Revolution had terribly exhausted the country ; 
industry was prostrate ; wealth had disappeared, and the 
finances were entangled. The outlook seemed hopeless. 
In this condition of affairs it became the common ques- 
tion how could prosperity be restored to the country. 

The prostration of the country soon became so great 
that it was generally conceded that some active steps 
Movement towards must be taken. Some few^ thought 
a more vigorous that thirteen separate sovereign states 
government. ^^^^ desirable, but it was more com- 

monly beheved that if the general government was 
strengthened, so that it would possess some vigor, 
the country would regain its prosperity. This opin- 
ion was held by many of the leaders of the day. 
It gained ground slowly, and secured so many adhe- 
rents that, about 1785, those who held it came to be 
designated Federalists, because they were in favor of a 
Federal Government as opposed to the existing Confed- 
eration. In the spring of 1785 commissioners from 
Maryland and Virginia met at Mount Vernon to prepare 
a compact for the jurisdiction of the waters common to 
both. Inspired by Washington, they went further, and 
recommended uniformity of duties, commercial regula- 



62 TENDENCY TO UNION. [1785-87. 

tions, and currency. When the subject referred to the 
commission was under discussion in the fall, Madison 
caused to be proposed in the Virginia legislature that a 
convention of all the states be held " to digest and re- 
port the requisite augmentation of the powers of Con- 
gress over trade." The resolution was carried in January, 
1786, and the invitation to a convention issued. Five 
states responded and sent commissioners to a convention 
held at Annapolis in September. As so few states were 
represented, it was determined to postpone action and 
endeavor to secure a general attendance. To this end, 
the convention recommended a general convention to be 
held in Philadelphia the ensuing spring and urged all the 
states to send delegates. 

The Congress of 1787 passed the " Ordinance of 1787" 
for the government of the Northwest territory. In 1784 
a committee, of which Jefferson was chairman, had pro- 
posed a plan for the temporary government of the 
Western lands of the United States, which lands had 
been ceded to the United States by Massachusetts, Con- 
necticut, New York and Virginia. Jefferson's plan pro- 
vided that after the year 1800 "there shall be neither 
slavery nor involuntary servitude in any of the said states, 
otherwise than in punishment of crimes." The plan was 
adopted, with the exception of the provision regarding 
slavery, and that required the vote of but one more state 
for its adoption. The plan or " Ordinance of 1784 " was 
not carried into operation. 

By 1787 the increased settlements of the Northwest 
made some action necessary, and the " Ordinance of 
1787 " was then passed and put into operation. This 
ordinance substantially included the former one. It 
provided in Article VI "' there shall be neither slavery nor 
involuntary servitude in the said territory, otherwise than 
in punishment of crimes whereof the party shall have 
been duly convicted," 



1787.] ORDINANCE OF 1787. 6^ 

This provision concerning slavery was often referred 
to in the long conflict which preceded secession. It 
gives to the Ordinance a peculiar interest. The Ordi- 
nance is given here entire because it is one of those state 
documents which ought to be understood by every stu- 
dent of our history. 

ORDINANCE OF 1787. 

July 13, 1787. 

An ordinance for the government of the territory 
OF the United States, northwest of the river 
Ohio. 

Be it ordained, by the United States, in Congress assembled, 
that the said Territory, for the purposes of temporary govern- 
ment, be one district ; subject, however, to be divided into two 
districts, as future circumstances may, in the opinion of Con- 
gress, make it expedient. 

Be it ordained, by the authority aforesaid, that the estates, 
both of resident and non-resident proprietors in the said Terri- 
tory, dying intestate, shall descend to, and be distributed among, 
their children, and the descendants of a deceased child, in equal 
parts ; the descendants of a deceased child or grand-child, to 
take the share of their deceased parent, in equal parts, among 
them ; and where there shall be no children or descendants, then 
in equal parts to the next of kin, in equal degree ; and among col- 
laterals, the children of a deceased brother or sister of the in- 
testate, shall have, in equal parts, among them, their deceased 
parent's share ; and there shall in no case be a distinction be- 
tween kindred of the whole and half blood ; saving in all cases 
to the widow of the intestate, her third part of the real estate 
for life, and one-third part of the personal estate ; and this law 
relative to descents and dower, shall remain in full force until al- 
tered by the legislature of the district. And until the governor 
and judges shall adopt laws as hereinafter mentioned, estates in 
the said Territory may be devised or bequeathed by wills in writ- 
ing, signed and sealed by him or her, in whom the estate may 
be (being of full age), and attested by three witnesses, and real 
estates may be conveyed by lease and release, or bargain and 
sale, signed, sealed, and delivered by the person, being of full age, 
in whom the estate may be, and attested by two witnesses, pro- 
vided such wills be duly proved, and such conveyances be acknow- 
ledged, or the execution thereof duly proved, and be recorded 
within one year after proper magistrates, courts, and registers 



64 TENDENCY TO UNION. [1787. 

shall be appointed for that purpose ; and personal property may 
be transferred by delivery, saving, however, to the French and 
Canadian inhabitants, and other settlers of the Kaskaskias, Saint 
Vincents, and the neighboring villages, who have heretofore 
professed themselves citizens of Virginia, their laws and cus- 
toms now in force among them relative to descent and convey- 
ance of property. 

Be it ordained, by the authority aforesaid, that there shall be 
appointed from time to time, by Congress, a governor, whose 
commission shall continue in force for the term of three years, 
unless sooner revoked by Congress ; he shall reside in the dis- 
trict, and have a freehold estate therein, in one thousand acres 
of land, while in the exercise of his office. There shall be ap- 
pointed from time to time by Congress, a secretary, whosecommis- 
sion shall continue in force for four years, unless sooner revoked ; 
he shall reside in the district, and have a freehold estate therein, in 
five hundred acres of land, while in the exercise of his office ; it 
shall be his duty to keep and preserve the acts and laws p^assed 
by the legislature, and the public records of the district, and the 
proceedings of the governor in his executive department ; and 
transmit authentic copies of such acts and proceedings, every 
six months, to the secretary of Congress. There shall also be 
appointed a court to consist of three judges, any two of whom 
to form a court, who shall have a common law jurisdiction, and 
reside in the district, and have each therein a freehold es- 
tate in five hundred acres of land, while in the exercise of their 
offices ; and their commissions shall continue in force during 
good behavior. 

The governor and judges, or a majority of them, shall adopt 
and publish in the district, such laws of the original states, 
criminal and civil, as may be necessary, and best suited to the 
circumstances of the district, and report them to Congress, from 
time to time, which laws shall be in force in the district until 
the organization of the general assembly therein, unless disap- 
proved of by Congress ; but afterwards, the legislature shall 
have authority to alter them as they shall think fit. 

The governor for the time being, shall be commander-in-chief 
of the militia, appoint and commission all officers in the same, 
below the rank of general officers. All general officers shall be 
appointed and commissioned by Congress. 

Previous to the organization of the general assembly, the gov- 
ernor shall appoint such magistrates and other civil officers, in 
each county or township, as he shall find necessary for the pre- 
serv^ation of the peace and good order in the same. After the 
general assembly shall be organized, the powers and duties of 
magistrates and other civil officers shall be regulated and 
defined by the said assembly ; but all magistrates and other civil 



1787.] GENERAL ASSEMBLY. 65 

officers, not herein otherwise directed, shall, during the contin- 
uance of this temporary government, be appointed by the gov- 
ernor. 

For the prevention of crimes and injuries, the laws to be 
adopted or made, shall have force in all parts of the district, and 
for the execution of process, criminal and civil, the governor 
shall make proper divisions thereof ; and he shall proceed from 
time to time, as circumstances may require, to lay out the parts 
of the district in which the Indian titles shall have been extin- 
guished, into counties and townships, subject, however, to such 
alterations as may thereafter be made by the legislature. 

So soon as there shall be five thousand free male inhabitants, 
of full age, in the district, upon giving proof thereof to the gov- 
ernor, they shall receive authority, with time and place, to elect 
representatives from their counties or townships, to represent 
them in the general assembly ; provided, that for every five hun- 
dred free male inhabitants there shall be one representative, and 
so on progressively with the number of free male inhabitants, 
shall the right of representation increase, until the number of 
representatives shall amount to twenty-five, after which the num- 
ber and proportion of representatives shall be regulated by 
the legislature ; provided, that no person be eligible or qualified 
to act as a representative, unless he shall have been a citizen of 
one of the United States three years, and be a resident in the 
district, or unless he shall have resided in the district three years, 
and in either case shall likewise hold in his own right, in fee 
simple, two hundred acres of land within the same ; provided, 
also, that a freehold in fifty acres of land in the district, hav- 
ing been a citizen of one of the States, and being resident in the 
district, or the like freehold and two years' residence in the 
district, shall be necessary to qualify a man as an elector of a 
representative. 

The representatives thus elected, shall serve for the term of 
two years, and in case of the death of a representative, or re- 
moval from office, the governor shall issue a writ to the county 
or township for which he was a member, to elect another in his 
stead, to serve for the residue of the term. 

The general assembly, or legislature, shall consist of the gov- 
ernor, legislative council, and a house of representatives. The 
legislative council shall consist of five members, to continue in 
office for five years, unless sooner removed by Congress, any 
three of whom to be a quorum, and the members of the council 
shall be nominated and appointed in the following manner, to- 
wit : as soon as representatives shall be elected, the governor 
shall appoint a time and place for them to meet together, and 
when met, they shall nominate ten persons, residents in the dis- 
trict, and each possessed of a freehold in five hundred acres of 



66 TENDENCY TO UNION. ■ [1787. 

land, and return their names to Congress ; five of whom Con- 
gress shall appoint and commission to serve as aforesaid ; and 
v^henever a vacancy shall happen in the council, by death or 
removal from office, the house of representatives shall nominate 
two persons, qualified as aforesaid, for each vacancy, and return 
their names to Congress, one of whom Congress shall appoint 
and commission for the residue of the term ; and every five 
years, four months at least before the expiration of the time of 
service of the members of council, the said house shall nominate 
ten persons, qualified as aforesaid, and return their names to 
Congress, five of whom Congress shall appoint and commission 
to serve as members of the council five years, unless sooner 
removed. And the governor, legislative council, and house of 
representatives, shall have authority to make laws in all cases 
for the good government of the district, not repugnant to the 
principles and articles in this ordinance established and declared. 
And all bills having passed by a majority in the house, and by 
a majority in the council, shall be referred to the governor for 
his assent ; but no bill or legislative act whatever, shall be of 
any force without his assent. The governor shall have power 
to convene, prorogue, and dissolve the general assembly, when 
in his opinion it shall be expedient. 

The governor, judges, legislative council, secretary, and such 
other officers as Congress shall appoint in the district, shall take 
an oath or affirmation of fidelity, and of office — the governor 
before the president of Congress, and all other officers before 
the governor. As soon as a legislature shall be formed in the 
district, the council and house, assembled in one room, shall 
have authority by joint ballot to elect a delegate to Congress, 
who shall have a seat in Congress, with the right of debating, 
but not of voting, during this temporary government. 

And for extending the fundamental principles of civil and 
religious liberty, which form the basis whereon these republics, 
their laws and constitutions, are erected ; to fix and establish 
those principles as the basis of all laws, constitutions, and gov- 
ernments, which forever hereafter shall be formed in the said 
territory ; to provide also for the establishment of states, and 
permanent government therein, and for their admission to a 
share in the federal councils on an equal footing with the original 
states, at as early periods as may be consistent with the general 
interest : 

// is hereby ordained and declared, by the authority afore- 
said, that the following articles shall be considered as articles of 
compact between the original states and the people and states 
in the said territory, and forever remain unalterable, unless by 
common consent, to wit : 

Article I. No person, demeaning himself in a peaceable 



1787.] GENERAL PROVISIONS. 67 

and orderly manner, shall ever be molested on account of his 
mode of worship or religious sentiments in the said territory. 

Art. II. The inhabitants of the said territory shall always be 
entitled to the benefit of the writ of habeas corpus, and of the 
trial by jury ; of a proportionate representation of the people in 
the legislature, and of judicial proceedings according to the 
course of the common law ; all persons shall be bailable unless 
for capital offenses, where the proof shall be evident or the pre- 
sumption great ; all fines shall be moderate, and no cruel or 
unusual punishments shall be inflicted ; no man shall be de- 
prived of his liberty or property but by the judgment of his 
peers, or the law of the land ; and should the public exigencies 
make it necessary for the common preservation to take any per- 
son's property, or to demand his particular services, full com- 
pensation shall be made for the same ; and in the just preserva- 
tion of rights and property, it is understood and declared, that 
no law ought ever to be made, or have force in the said Terri- 
tory, that shall in any manner whatever, interfere with, or 
affect private contracts or engagements, bojia fide and without 
fraud previously formed. 

Art. III. Religion, morality, and knowledge, being necessary 
to good government and the happiness of mankind, schools, 
and the means of education shall forever be encouraged. The 
utmost good faith shall always be observed towards the Indians ; 
their lands and property shall never be taken from them with- 
out their consent ; and in their property, rights, and liberty, 
they shall never be invaded or disturbed, unless in just and 
lawful wars authorized by Congress ; but laws founded in jus- 
tice and humanity, shall, from time to time, be made, for pre- 
venting wrongs being done to them, and for preserving peace 
and friendship with them. 

Art, IV. The said Territory, and the States which may be 
formed therein, shall forever remain a part of this confederacy 
of the United States of America, subject to the Articles of Con- 
federation, and to such alteration therein, as shall be constitu- 
tionally made ; and to all the acts and ordinances of the United 
States, in Congress assembled, conformable thereto. The in- 
habitants and settlers in the said Territory shall be subject to 
pay a part of the federal debts contracted or to be contracted, 
and a proportional part of the expenses of government, to be 
apportioned on them, by Congress, according to the same com- 
mon rule and measure by which apportionments thereof shall 
be made on the other States ; and the taxes for paying their 
proportion, shall be laid and levied by the authority and direction 
of the legislatures of the district, or districts, or new States, as 
in the original States, within the time agreed upon by the United 
States, in Congress assembled. The legislatures of those dis- 



68 TENDENCY TO UNION. [1787. 

tricts, or new States, shall never interfere with the primary dis- 
posal of the soil by the United States, in Congress assembled, 
nor with any regulations Congress may find necessary for secur- 
ing the title in such soil to the bona fide purchasers. No tax 
shall be imposed on lands the property of the United States ; 
and in no case shall non-resident proprietors be taxed higher 
than residents. The navigable waters leading into the Missis- 
sippi and St. Lawrence, and the carrying places between the 
same shall be common highways, and forever free, as well to 
the inhabitants of the said territory, as to the citizens of the 
United States, and those of any other States that may be ad- 
mitted into the confederacy, without any tax, impost, or duty 
therefor. 

Art. V. There shall be formed in the said territory, not less 
than three, nor more than five states ; and the boundaries of the 
states, as soon as Virginia shall alter her act of session and con- 
sent to the same, shall become fixed and established as follows, 
to wit : The western state in the said territory shall be bounded 
by the Mississippi, the Ohio, and Wabash rivers ; a direct line 
drawn, from the Wabash and Post Vincents due north to the 
territorial line between the United States and Canada, and by 
the said territorial line to the Lake of the Woods and Missis- 
sippi. The middle state shall be bounded by the said direct 
hne, the Wabash from Post Vincents to the Ohio, by the Ohio, 
by a direct line drawn due north from the mouth of the Great 
Miami to the said territorial line, and by said territorial line. 
The eastern state shall be bounded by the last-mentioned direct 
line, the Ohio, Pennsylvania, and the said territorial line ; pro- 
vided, however, and it is further understood and declared, that 
the boundaries of these three states shall be subject so far to be 
altered, that if Congress shall hereafter find it expedient, they 
shall have authority to form one or two states in that part of the 
said territory which lies north of an east and west line drawn 
through the southerly bend or extreme of Lake Michigan: and 
whenever any of the said states shall have sixty thousand free 
inhabitants therein, such state shall be admitted by its delegates, 
into the Congress of the United States, on an equal footing with 
the original states, in all respects whatsoever ; and shall be at 
liberty to form a permanent constitution and state government : 
Provided, the constitution and government so to be formed, 
shall be republican, and in conformity to the principles contained 
in these articles : and so far as it can be consistent with the gen- 
eral interest of the confederacy, such admission shall be allowed 
at an earlier period, and when there may be a less number of 
free inhabitants in the state than sixty thousand. 

Art. VL There shall be neither slavery nor involuntary ser- 
vitude in the said territory, otherwise than in punishment of 



I78I-S8.] TABLE OF THE CONFEDERATION. 



69 



crimes whereof the party shall have been duly convicted : Provi- 
ded, always, that any person escaping into the same, from whom 
labor or service is lawfully claimed in any one of the original 
states, such fugitive may be lawfully reclaimed and conveyed to 
the person claiming his 01 her labor or service as aforesaid. 

Be it ordained, by the authority aforesaid, that the resolutions 
of the 23d of April, 1784, relative to the subject of this ordinance, 
be, and the same are hereby repealed and declared null and 
void. 

i Legislation relating Exhaustion of 

Congress of 1781.^ chiefly to Revolu- Resources of 

( tion. the country 

by the pro- 
tracted war. 
" 1782. " Industry Pros- 

trate. 
Commerce De- 
" " 1783. " stroyed. 

Wealth Disap- 
peared. 
" " 1784. General legislation. Finances En- 
<! tangled. 

Discouragement 
" " 1785. '• " Prevalent. 

Tendency to 
Disunion In- 
" " 1786. " " creasing. 

Outlook Hope- 
less. 
" " 1787. "Ordinance of 1787" Movement for a 

vigorous Gov- 
ernment. 

" " 1788. General legislation, ^"^^nvendon. 



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CHAPTER III. 

FORMATION OF THE CONSTITUTION. 

The Constitutional Convention met in Philadelphia on 
May 14, 1787, and organized on May 25, delegates from 
ConstiUitionai nearly all the states having then arrived. 
Convention. Later, all but Rhode Island were repre- 
sented. Washington was chosen president of the con- 
vention. 

Two principal plans were presented to the convention, 
one by the New Jersey delegation, and known as the 
New Jersey plan, and the other by the Virginia delegation, 
and known as the Virginia plan. The former proposed to 
retain the existing Confederation and to strengthen it by 
giving it power over trade and commerce and some means 
to execute its powers. The latter contemplated an 
entirely new government, composed of executive, legisla- 
tive and judicial departments ; supreme within certain 
limits, and with means to enforce its decrees. After a 
careful examination of both plans, the convention decided 
that the New Jersey plan would not meet the grave neces- 
sities of the situation, and determined to take the Virginia 
plan as the basis of work to be done. 

When this decision was reached the real labor of the 
convention began. There was broad difference of opinion 
as to how far the new government ought to be indepen- 
dent and sovereign, and with what rights and means it 
should be invested. Each state was jealous of the others 
and wished to surrender no right or privilege ; interests 
seemed to clash, and a selfish, angry feeling predomi- 
nated. On one side a vigorous government, which would 



1787.] CONSTITUTIONAL CONVENTION. 7 1 

be sovereign in fact as well as in name, was demanded. 
It was sought to curtail the arrogant pretensions of the 
states to a " sovereignty " which they claimed, but had 
never exercised except in local affairs. Cn the other 
side, it was attempted to preserve to the states all the 
powers they then enjoyed, in spite of the disastrous failure 
of the Confederation. It was evident that a middle 
ground was necessary, and Madison, above all others, 
was the man to make it possible. 

In deciding on the Virginia plan, a majority of the con- 
vention acquiesced in the necessity of a new and stronger 
form of government. But few were ready to go as far as 
the leaders who advocated the Virginia plan. These 
leaders, and the friends of the independent sovereignty 
of the states, could not harmonize. Their antagonism 
was so bitter that many members of the convention feared 
that no result was possible. The new government men 
insisted that it would be useless to frame another govern- 
ment like the Confederation which had already proved 
such a failure. The old government men contended that 
the Confederation would work if it was invigorated a 
little. Neither body would adopt the other's views — dis- 
agreement or compromise must result. The advocates 
of a stronger government then determined to yield a little 
if, by so doing, they could secure a constitution more 
vigorous than the Articles of Confederation ; they would 
compromise the less essential parts, if thereby they might 
provide for a self-sustaining government. 

In compromising the wide differences between the two 
conceptions of utility which obtained, the convention was 
fortunately situated. James Madison was a southern 
representative and leader, and thus closely allied to many 
of those who favored only a strengthening of the Confed- 
eration. He, at the same time, was thoroughly convinced 
of the necessity of framing an entirely new government. 
The Virginia plan was, in fact, based upon his sugges- 



72 FORMATION OF THE CONSTITUTION. [1787. 

tions. Madison was able, moderate and persevering. 
No man was so well fitted to pacify and reconcile the op- 
posing interests presented in the convention. He under- 
took the task and labored unremittingly to accomplish 
his object. At last he succeeded. That the constitution, 
in its conception and execution, is due to him more than 
to any other man, has been so far recognized, that to him 
has been given the title," Father of the Constitution." 

The Constitution as finally adopted by the convention 
on September 17, 1787 contained, in so large a degree, 
the principles of the men who had demanded a new and 
vigorous government, that some of the friends of the 
Confederation refused their signatures and approval. Nor 
were the statesmen who were chiefly instrumental in 
framing.it, much better satisfied with the result. They 
had, indeed, secured a constitution designed to act 
directly on the people, and with means provided to en- 
able the government to enforce it. But they feared that 
it was not sufficiently vigorous to make the government 
formed under it, self-sustaining. The compromises, which 
they had been compelled to make, had weakened their 
original plan. Still, it was the best that they could 
secure under the circumstances and was confessedly 
superior to the Articles of Confederation. 

In this brief account of the Constitutional Convention 
the necessity of compromises has been alluded to fre- 
quently. These compromises will be explained as they 
are reached, in the commentary on the constitution. 



1787-88.] TABLE OF THE CONVENTION. 



73 



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A proposal to continue the Articles of 
Confederation and strengthen them by 
New Jersey J giving them some means by which to 
Plan. act, so that Congress would not be 

wholly dependent upon the States. 
Rejected ; because deemed insufficient. 



Virginia 
Plan. 



Result. 



A series of thirteen resolutions, framed 
according to suggestions of Madison, 
and contemplating an entirely new 
Government, composed of executive, 
legislative and judicial departments ; 
to act directly on the people, and to be 
supreme within certain limits. 

Taken as the basis of a Constitution and 
nearly every suggestion in it used. 

A Constitution partly Federal — partly 
Republican. It is slightly Federal be- 
cause, in a few instances, members 
and measures depend upon States. It 
is chiefly Republican because, in most 
instances, it acts directly upon the 
people. 

The Constitutional Convention sent the completed 
Constitution to Congress, with a letter, signed by 
Adoption of tlie Washington, recommending that conven- 
Constitution. tions be called in each state with the sole 
object of acting upon the Constitution, in order that 
its ratification might be the direct work of the people, 
instead of that of state governments. The advice of the 
Convention was taken, and the states, one after another, 
called conventions to ratify or reject it. 

As soon as the Constitutional Convention adjourned, 
opposition to the Constitution began to be manifested. 
Those who inveighed against it did not agree in their 
reasons. Some were actuated by selfish motives ; others 
by local affection, and others by a patriotic belief that it 
would prove monarchical and despotic in its operation. 
The last feeling was probably the most common one, and 
was very prevalent. The friends of the Constitution were 
4 



74 FORMATION OF THE CONSTITUTION. [1787-90. 

not satisfied with it — they only urged that it was the best 
that could be had. They now saw that they must exert 
themselves if it was to be adopted, and they did not hesi- 
tate. 

The most notable contribution to the contest was the 
series of essays written by Hamilton, Madison and Jay, 
published in New York, and afterwards collected under 
the title of "The Federalist." These articles treated ex- 
haustively of the nature of government ; its forms ; of the 
Constitution in detail ; of the necessity for all its provi- 
sions, and of its probable operation. They were widely 
circulated, and largely influenced the result. 

The first action on the Constitution was taken by the 
conventions of Delaware, Pennsylvania, and New Jersey, 
which ratified in December, 1787. Georgia and Connecti- 
cut followed in January, 1788. Massachusetts ratified in 
February, Maryland in April, South Carolina in May, and 
New Hampshire, the ninth state, on June 21st of thesame 
year. Congress at once proceeded to prepare to put the 
Constitution into operation in accordance wiih the provi- 
sion that it should be binding between nine ratifying 
states. On June 25th, 1788, Virginia ratified ; New York 
followed in July ; North CaroHna in November, 1789 and 
Rhode Island in May, 1790. Massachusetts, Maryland, 
Virginia, New York and North Carolina proposed 

amendments. 

'Delaware, Dec. 3, 1787, unanimously. 
Pennsylvania, Dec. 13, 1787, 46 to 23. 
New Jersey, Dec. 19, 1787, unanimously. 
Georgia, Jan. 2, 1788, unanimously. 
Connecticut, Jan. 9, 1788, 128 to 40. 
Massachusetts, Feb. 6, 1788, 187 to 168. 
Maryland, April 28, 1788, 63 to 11. 
South Carolina, May 23, 1788, 149 to 73. 
New Hampshire, June 21, 1788, 57 to 46, 
Virginia, June 25, 1788, 89 to 79. 
New York, July 26, 1788, 30 to 27. 
North Carolina, Nov. 21, 1789. 
^ Rhode Island, May 29, 1790. 



Adoption 

OF THE 

Constitution. 



1787.] THE CONSTITUTION. 75 

CONSTITUTION OF THE UNITED STATES. 
Preamble. 

We the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and estabhsh this Constitution for the United States of 
America. 

Article I. Legislative Department. 
Section /. Congress in General. 

All legislative powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and 
House of Representatives. 

Section II. House of Representatives. 

1. The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several States ; 
and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

2. No person shall be a representative who shall not have at- 
tained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be de- 
termined by adding to the whole number of free persons, in- 
cluding those bound to service for a term of years, and exclud- 
ing Indians not taxed, three-fifths of all other persons. The 
actual enumeration shall be made within three years after the 
first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they 
shall by law direct. The number of representatives shall not 
exceed one for every thirty thousand, but each State shall have 
at least one representative ; and until such enumeration shall be 
made, the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence Plan- 
tations one, Connecticut five. New York six, New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, 
North Carolina five. South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any 



76 FORMA TION OF THE CONSTITUTION. [1787. 

State, the executive authority thereof shall issue writs of elec- 
tion to fill such vacancies. 

5. The House of Representatives shall choose their speaker 
and other officers, and shall have the sole power of impeach- 
ment. 

Section III. Sefiate. 

1. The Senate of the United States shall be composed of two 
senators from each State, chosen by the Legislature thereof for 
six years, and each senator shall have one vote. 

2. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may be, 
into three classes. The seats of the senators of the first class 
shall be vacated at the expiration of the second year, of the second 
class at the expiration of the fourth year, and of the third class 
at the expiration of the sixth year, so that one-third may be 
chosen every second year ; and if vacancies happen, by resigna- 
tion or otherwise, during the recess of the Legislature of any 
State, the executive thereof may make temporary appointments 
until the next meeting of the Legislature, which shall then fill 
such vacancies. 

3. No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabi- 
tant of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally 
divided. 

5. The Senate shall choose their officers, and also a president 
pro tempore, in the absence of the Vice-President, or when he 
shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, 
the chief justice shall preside ; and no person shall be convicted 
without the concurrence of two-thirds of the members present. 

7. Judgment in case of impeachment shall not extend further 
than to removal from office, and disqualification to hold and en- 
joy any office of honor, trust, or profit under the United States ; 
but the party convicted shall, nevertheless, be hable and sub- 
ject to indictment, trial, judgment, and punishment according 
to law. 

Section IV. Both Houses. 

I. The times, places, and manner of holding elections for 
senators and representatives shall be prescribed in each State by 
the Legislature thereof ; but the Congress may at any time, by 



1787.] MEMBERS OF CONGRESS. 77 

law, make or alter such regulations, except as to the place of 
choosing senators. 

2. The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December unless 
they shall by law appoint a different day. 

Section V. Tfie Houses Separately. 

1. Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall 
constitute a quorum to do business ; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner and under such 
penalties as each house may provide. 

2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the con- 
currence of two-thirds, expel a member, 

3. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may 
in their judgment require secrecy ; and the yeas and nays of the 
members of either house, on any question, shall, at the desire 
of one-fifth of those present, be entered on the journal. 

4. Neither house during the session of Congress shall, with- 
out the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses shall 
be sitting. 

Section VI. Disabilities of Members. 

1. The senators and representatives shall receive a compen- 
sation for their services, to be ascertained by law, and paid out 
of the treasury of the United States. They shall in all cases 
except treason, felony, breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to or returning from the same ; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. . 

2. No senator or representative shall, during the time tor which 
he was elected, be appointed to any civil office under the author- 
ity of the United States, which shall have been created, or the 
emoluments whereof shall have been increased, during such 
time ; and no person holding any office under the United States 
shall be a member of either house during his continuance in 
office. 

Section VII. Mode of Passing Laws. 

I. All bills for raising revenue shall originate in the House of 
Representatives ; but the Senate may propose or concur with 
amendments, as on other bills. 



78 FORMA TION OF THE CONSTITUTION. [1787. 

2. Every bill which shall have passed the House of Represen- 
tatives and the Senate shall, before it become a law, be present- 
ed to the President of the United States ; if he approve, he shall 
sign it ; but if not, he shall return it, with his objections, to that 
house in which it shall have originated, who shall enter the ob- 
jections at large on their journal, and proceed to reconsider 
it. If, after such reconsideration, two-thirds of that house shall 
agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other house, by which it shall likewise be reconsid- 
ered, and if approved by tv/o-thirds of that house, it shall be- 
come a law. But in all such cases the votes of both houses 
shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not be re- 
turned by the President within ten days (Sundays excepted) af- 
ter it shall have been presented to him, the same shall be a law 
in like manner as if he had signed it, unless the Congress by 
their adjournment prevent its return, in which case it shall not 
be a law. 

3. Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be neces- 
sary (except on a question of adjournment) shall be presented 
to the President of the United States ; and before the same 
shall take effect, shall be approved by him, or, being disapproved 
by him, shall be repassed by two-thirds of the Senate and 
House of Representatives, according to the rules and limitations 
prescribed in the case of a bill. 

Section VIII. Powers Granted to Congress. 

The Congress shall have power : 

1. To lay and collect taxes, duties, imposts and excises, to 
pay the debts and provide for the common defense and general 
welfare of the United States ; but all duties, imposts, and ex- 
cises shall be uniform throughout the United States ; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes ; 

4. To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies, throughout the United 
States ; 

5. To coin money, regulate the value thereof and of foreign 
coin, and fix the standard of weights and measures ; 

6. To provide for the punishment of counterfeiting the secur- 
ities and current coin of the United States ; 

7. To establish post-offices and post-roads , 

8. To promote the progress of science and useful arts, by se- 



1787.] POWERS OF CONGRESS. 79 

curing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court ; 

10. To define and punish felonies committed on the high seas, 
and offenses against the law of nations ; 

1 1 . To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

12. To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than two years ; 

13. To provide and maintain a navy ; 

14. To make rules for the government and regulation of the 
land and naval forces ; 

15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions ; 

16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States, reserving to the States 
respectively the appointment of the officers, and the authority 
of training the militia according to the discipline prescribed by 
Congress ; 

17. To exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by 
cession of particular States and the acceptance of Congress, 
become the seat of government of the United States, and to 
exercise like authority over all places purchased, by the consent 
of the Legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dock-yards, and other 
needful buildings ; and 

18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested by this constitution in the government of the 
United States, or in any department or office thereof. 

Section IX. Powers de^iied to the Utiited States. 

1. The migration or importation of such persons as any of 
the States now existing shall think proper to admit shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight ; but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be 
suspended unless when, in case of rebellion or invasion, the 
public safety may require it. 

3. No bill of attainder, or ex-post-facto law, shall be passed. 

4. No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration herein before directed 
to be taken. 



8o FORMATION OF THE CONSTITUTION. [1787. 

5. No tax or duty shall be laid on articles exported from any- 
State. 

6. No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of another ; 
nor shall vessels bound to or from one State be obhged to enter, 
clear, or pay duties in another. 

7. No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law ; and a regular state- 
ment and account of the receipts and expenditures of all pub- 
lic money shall be published from time to time. 

8. No title of nobility shall be granted by the United States ; 
and no person holding any office of profit or trust under them 
shall, without the consent of the Congress, accept of any present, 
emolument, office or title of any kind whatever, from any king, 
prince, or foreign state. 

Section X. Powers denied to the States. 

1. No State shall enter into any treaty, alliance, or confede- 
ration ; grant letters of marque and reprisal ; coin money ; emit 
bills of credit ; make anything but gold and silver coin a tender 
in payment of debts ; pass any bill of attainder, ex-post-facto 
law, or law impairing the obligation of contracts ; or grant any 
title of nobility, 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except w^hat may be 
absolutely necessary for executing its inspection laws ; and the 
net produce of all duties and imposts laid by any State on im- 
ports or exports shall be for the use of the treasury of the 
United States, and all such laws shall be subject to the revision 
and control of the Congress. 

3. No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another State or with 
a foreign power, or engage in war unless actually invaded, or in 
such imminent danger as will not admit of delays. 

Article II. Executive Department. 

Section I. President and Vice-President. 

1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the 
term of four years, and, together with the Vice-President, 
chosen for the same term, be elected as follows : 

2. Each State shall appoint, in such manner as the Legisla- 
ture thereof may direct, a number of electors, equal to the 
whole number of senators and representatives to which the 
State may be entitled in the Congress ; but no senator or repre- 



1787.] ELECTION OF PRESIDENT. 81 

sentative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector. 

3. The electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each ; which list they shall sign and certify, and trans- 
mit, sealed, to the seat of the government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest number of 
votes shall be the President, if such number be a majority of 
the whole number of electors appointed ; and if there be more 
than one who have such majority, and have an equal number 
of votes, then the House of Representatives shall immediately 
choose by ballot one of them for President ; and if no person 
have a majority, then, from the five highest on the list, the said 
House shall in hke manner choose the President. But in 
choosing the President, the votes shall be taken by States, the 
representation from each State having one vote ; a quorum for 
this purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all the States shall be 
necessary to a choice. In every case, after the choice of the 
President, the person having the greatest number of votes of the 
electors shall be the Vice-President. But if there should remain 
two or more who have equal votes, the Senate shall choose 
from them by ballot the Vice-President. 

4. The Congress may determine the time of choosing the elec- 
tors, and the day on which they shall give their votes, which day 
shall be the same throughout the United States. 

5. No person except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any 
person be eligible to that office who shall not have attained the 
age of thirty-five years, and been fourteen years a resident with- 
in the United States. 

6. In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice- 
President ; and the Congress may by law provide for the case 
of removal, death, resignation, or inability, both of the Presi- 
dent and Vice-President, declaring what officer shall then act as 
President ; and such officer shall act accordingly, until the dis- 
ability be removed or a President shall be elected. 

7. The President shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished 



82 FORMATION OF THE CONSTITUTION. [1787. 

during the period for which he shall have been elected, and he 
shall not receive within that period any other emolument from 
the United States, or any of them. 

8. Before he enter on the execution of his office, he shall take 
the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will, to the 
best of my ability, preserve, protect, and defend the Constitu- 
tion of the United States." 

Section II. Powers of the President. 

1. The President shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the several 
States when called into the actual service of the United States ; 
he may require the opinion in writing of the principal officer in 
each of the executive departments upon any subject relating to 
the duties of their respective offices ; and he shall have power 
to grant reprieves and pardons for offenses against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the sen- 
ators present concur; and he shall nominate, and by and with 
the advice and consent of the Senate, shall appoint ambassa- 
dors, other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose appoint- 
ments are not herein otherwise provided for and which shall be 
established by law ; but the Congress may by law vest the ap- 
pointment of such inferior officers as they think proper in the 
President alone, in the courts of law, or in the heads of depart- 
ments. 

3. The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting com- 
missions, which shall expire at the end of their next session. 

Section III. Duties of the Presz'dejit. 

He shall, from time to time, give to the Congress information 
of the state of the Union, and recommend to their considera- 
tion such measures as he shall judge necessary and expedient ; 
he may, on extraordinary occasions, convene both houses, or 
either of them ; and in case of disagreement between them, with 
respect to the time of adjournment, he may adjourn them to 
such time as he shall think proper ; he shall receive ambassa- 
dors and other public ministers ; he shall take care that the laws 
be faithfully executed, and shall commission all the officers of 
the United States. 



1787.] THE JUDICIARY. 83 



Section IV. Impeachment of the President. 

The President, Vice-President, and all civil officers of the 
United States shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high crimes and mis- 
demeanors. 

-Article III. Judicial Department. 

Section I. United States Cottrts. 

The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as Congress may 
from time to time ordain and establish. The judges, both of 
the supreme and inferior courts, shall hold their offices during 
good behavior ; and shall, at stated times, receive for their 
services a compensation, which shall not be diminished during 
their continuance in office. 

Section II. Jurisdiction of the United States Courts. 

1. The Judicial power shall extend to all cases in law and 
equity arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made, under their 
authority ; to all cases affecting ambassadors, or other public 
ministers, and consuls ; to all cases of admiralty and maritime 
jurisdiction ; to controversies to which the United States shall 
be a party ; to controversies betv^^een two or more States ; be- 
tween a State and citizens of another State ; between citizens of 
different States ; between citizens of the same State claiming 
lands under grants of different States ; and between a State, or 
the citizens thereof, and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public ministers, 
and consuls, and those in which a State shall be a party, the Su- 
preme Court shall have original jurisdiction. In all the other 
cases before mentioned, the Supreme Court shall have appellate 
jurisdiction, both as to law and fact, with such exceptions and 
under such regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the State where 
the said crimes shall have been committed ; but when not com- 
mitted within any State, the trial shall be at such place or places 
as the Congress may by law have directed. 

Section III. Treason. 

I. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giv- 
ing them aid and comfort. No person shall be convicted of 



84 FORMATION OF THE CONSTITUTION. [1787. 

treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

2. The Congress shall have power to declare the punishment 
of treason ; but no attainder of treason shall work corruption of 
blood, or forfeiture, except during the life of the person at- 
tainted. 

Article IV. The States and the Federal Govern- 
ment. 

Section I. State Records. 

Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. 
And the Congress may, by general laws, prescribe the manner 
in which such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Section II. Privileges of Citizens, etc. 

1 . The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or 
other crime, who shall flee from justice and be found in another 
State, shall, on demand of the executive authority of the State 
from which he fled, be delivered up, to be removed to the State 
having jurisdiction of the crime. 

3. No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due. 

Section III. New States and Territories. 

1. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the 
jurisdiction of any other State ; nor any State be formed by the 
junction of two or more States, or parts of States, without the 
consent of the Legislatures of the States concerned, as well as 
of the Congress. 

2. The Congress shall have pov/er to dispose of, and make all 
needful rules and regulations respecting, the territory or other 
property belonging to the United States ; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States or of any particular State. 

Section I V. Gtiarantee to the States. 

The United States shall guarantee to every State in this Un- 
ion a republican form of government, and shall protect each of 



1787.] MISCELLANEOUS PROVISIONS. 85 

them against invasion ; and, on application of the Legislature, 
or of the executive (when the Legislature cannot be convened), 
against domestic violence. 

Article V. Power of Amendment. 

The Congress, whenever two-thirds of both Houses shall 
deem it necessary, shall propose amendments to this Constitu- 
tion, or, on the application of the Legislatures of two-thirds of 
the several States, shall call a convention for proposing amend- 
ments, which, in either case, shall be valid to all intents and pur- 
poses as part of this Constitution, when ratified by the Legisla- 
tures of three-fourths of the several States, or by conventions in 
three-fourths thereof, as the one or the other mode of ratification 
may be proposed by Congress ; provided that no amendment 
which may be made prior to the year one thousand eight hun- 
dred and eight shall in any manner affect the first, and fourth 
clauses in the ninth section of the first Article ; and that no 
State, without its consent, shall be deprived of its equal suffrage 
in the Senate. 

Article VL Public Debt, Supremacy of the Con- 
stitution, Oath of Office, Religious Test. 

1. All debts contracted and engagements entered into before 
the adoption of this Constitution shall be as valid against the 
United States under this Constitution as under the Confedera- 
tion. 

2. This Constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land ; and the judges in every 
State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding. 

3. The senators and representatives before-mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers, both of the United States and of the several 
States, shall be bound by oath or affirmation to support this 
Constitution ; but no religious test shall ever be required as a 
qualification to any office or pubhc trust under the United 
States. 

Article VIL Ratification of the Constitution. 

The ratifications of the Conventions of nine States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 

Done in Convention, by the unanimous consent of the States 



S6 FORMATION OF THE CO.\rsriTUTION. [1787. 

present, the seventeenth day of September, in the year of our 
Lord one thousand seven hundred and eighty-seven, and of the 
Independence of the United States of America the twelfth. 
In witness whereof we have hereunto subscribed our names, 
GEO. WASHINGTON, President, 

and Deputy fro?n Virginia. 

New Hauipshire — John Langdon, Nicholas Gilman. Massa- 
chusetts — Nathaniel Gorham, Rufus King, Coiinecticut — Wil- 
liam S. Johnson, Roger Sherman. New York — Alexander Hamil- 
ton. New Jersey — William Livingston, David Brearley, William 
Paterson, Jonathan Dayton. Pen7isylva7iia — Benjamin Frank- 
lin, Thomas Mififlin, Robert Morris, George Clymer, Thomas 
Fitzsimmons, Jared Ingersoll, James Wilson, Gouverneur 
Morris. Delaware — George Read, Gunning Bedford, jun,, John 
Dickinson, Richard Bassett, Jacob Broom. Maryland — James 
M'Henry, Daniel of St. Thomas Jenifer, Daniel Carroll. Vir- 
ginia — John Blair, James Madison, jun. North Carolina — 
William Blount, Richard Dobbs Spaight, Hugh Williamson. 
South Carolina — John Rutledge, Charles Cotesworth Pinckney, 
Charles Pinckney, Pierce Butler. Georgia — W^illiam Few, Abra- 
ham Baldwin. 

Attest : 

William Jackson, Secretary. 

In Convention, Monday, September 17, 1787. 

Present. The States of New Hampshire, Massachusetts, Con- 
necticut, Mr. Hamilton from New York, New Jersey, Penn- 
sylvania, Delaware, Maryland, Virginia, North Carolina, South 
Carolina, and Georgia. 

Resolved, That the preceding Constitution be laid before the 
United States in Congress assembled, and that it is the opinion 
of this convention that it should afterwards be submitted to a 
convention of delegates, chosen in each State by the people 
thereof, under the recommendation of its legislature, for their 
assent and ratification ; and that each convention, assenting to 
and ratifying the same, should give notice thereof, to the United 
States in Congress assembled. 

Resolved, That it is the opinion of this convention, that as 
soon as the conventions of nine States shall have ratified this 
Constitution, the United States in Congress assembled should 
fix a day on which electors should be appointed by the States 
which shall have ratified the same, and a day on which the elec- 
tors should assemble to vote for the President, and the time and 
place for commencing proceedings under this Constitution. 
That after such publication the electors should be appointed, 



1787] WASHINGTON'S LETTERS. 87 

and the Senators and Representatives elected ; that the electors 
should meet on the day fixed for the election of the President, 
and should transmit their votes certified, signed, sealed, and 
directed as the Constitution requires, to the Secretary of the 
United States in Congress assembled ; that the Senators and 
Representatives should convene at the time and place assigned ; 
that the Senators should appoint a president of the Senate, for 
the sole purpose of receiving, opening, and counting the votes 
for President ; and that, after he shall be chosen, the Congress, 
together with the President, should, without delay, proceed to 
execute this Constitution, 

By the unanimous order of the convention. 

GEORGE WASHINGTON, President. 
William Jackson, Secretary. 

In Convention, September 17, 1787. 

Sir. We have now the honor to submit to the consideration 
of the United States in Congress assembled, that constitution 
which has appeared to us the most advisable. 

The friends of our country have long seen and desired that 
the power of making war, peace, and treaties, that of levying 
money and regulating commerce, and the correspondent execu- 
tive and judicial authorities, should be fully and effectually vested 
in the General Government of the Union ; but the impropriety 
of delegating such extensive trust to one body of men is evident: 
hence results the necessity of a different organization. 

It is obviously impracticable, in the Federal Government of 
these States, to secure all rights of independent sovereignty to 
each, and yet provide for the interest and safety of all. Indi- 
viduals entering into society must give up a share of liberty to 
preserve the rest. The magnitude of the sacrifice must depend 
as well on situation and circumstance as on the object to be 
obtained. It is at all times difficult to draw with precision the 
line between those rights which must be surrendered and those 
which may be reserved ; and on the present occasion this diffi- 
culty was increased by a difference among the several States as 
to their situation, extent, habits, and particular interests. 

In all our deliberations on this subject, we kept steadily in our 
view that which appears to us the greatest interest of every true 
American — the consolidation of our Union — in which is involved 
our prosperity, felicity, safety, perhaps our national existence. 
This important consideration, seriously and deeply impressed on 
our minds, led each State in the convention to be less rigid on 
points of inferior magnitude than might have been otherwise 
expected ; and thus the Constitution which we now present is 
the result of a spirit of amity, and of that mutual deference and 



88 FORMA TION OF THE CONSTITUTION. [1787-90. 

concession which the pecuUarity of our political situation ren- 
dered indispensable. 

That it will meet the full and entire approbation of every 
State, is not, perhaps, to be expected ; but each will doubtless 
consider that, had her interest been alone consulted, the conse- 
quences might have been particularly disagreeable or injurious 
to others ; that it is liable to as few exceptions as could reason- 
ably have been expected, we hope and believe ; that it may pro- 
mote the lasting welfare of that country so dear to us all, and 
secure her freedom and happiness, is our most ardent wish. 

With great respect, we have the honor to be, sir, your excel- 
lency's most obedient, humble servants. 

By unanimous order of the convention. 

GEORGE WASHINGTON, President. 

His excellency the President of Congress. 



AMENDMENTS TO THE CONSTITUTION. 

Article I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof ; or abridging 
the freedom of speech, or of the press ; or the right of the peo- 
ple peaceably to assemble, and to petition the government for a 
redress of grievances. 

Article II. 

A well-regulated militia being necessary to the security of a 
free state, the right of the people to keep and bear arms shall 
not be infringed. 

Article III. 

No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

Article IV. 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures shall not be violated, and no warrants shall issue but 
upon probable cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched, and the persons or 
things to be seized. 



1 790-94-] AMENDMENTS. 89 

Article V. 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, 
or in the militia when in active service in time of war or public 
danger ; nor shall any person be subject for the same offense to 
be twice put in jeopardy of life or limb ; nor shall be compelled, 
in any criminal case, to be a witness against himself ; nor be de- 
prived of life, liberty, or property, without due process of law ; 
nor shall private property be taken for public use without just 
compensation. 

Article VI. 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor ; and to have the as- 
sistance of counsel for his defense. 

Article VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the 'right of trial by jury shall be pre- 
served ; and no fact tried by a jury shall be otherwise re-exam- 
ined in any court of the United States than according to the 
rules of the common law. 

Article VIII. 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishment inflicted. 

Article IX. 

The enumeration in the Constitution of certain rights shall 
not be construed to deny or disparage others retained by the 
people. 

Article X. 

The powers not granted to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to the 
States respectively or to the people. 

Article XI. 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 



90 FORMATION OF THE CONSTITUTION. [1804-65. 

prosecuted against one of the United States by citizens of another 
State, or by citizens or subjects of any foreign State. 

Article XII. 

1. The electors shall meet in their respective States, and vote 
by ballot for President and Vice-President, one of whom, 
at least, shall not be an inhabitant of the same State with them- 
selves ; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice-President, 
and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of government of the 
United States, directed to the President of the Senate ; the 
President of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes 
shall then be counted ; the person having the greatest number 
of votes for President shall be the President, if such number be 
a majority of the whole number of electors appointed ; and if 
no person have such majority, then from the persons having the 
highest numbers, not exceeding three, on the list of those voted 
for as President, the House of Representatives shall choose im- 
mediately by ballot the President. But in choosing the Presi- 
dent, the votes shall be taken by States, the representation from 
each State having one vote ; a quorum for this purpose shall 
consist of a member or members from two-thirds of the States, 
and a majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a President, 
whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President 
shall act as President, as in the case of death or other constitu- 
tional disability of the President. 

2. The person having the greatest number of votes as Vice- 
President shall be the Vice-President, if such number be a ma- 
jority of the whole number of electors appointed, and if no per- 
son have a majority, then from the two highest numbers on the 
list the Senate shall choose the Vice-President ; a quorum for 
the purpose shall consist of two-thirds of the whole number of 
senators, and a majority of the whole number shall be necessary 
to a choice. 

3. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the 
United States. 

Article XIII. 

I. Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime whereof the party shall have been duly con- 



1869.] AMENDMENTS. 91 

victed, shall exist within the United States, or any place subject 
to their jurisdiction. 

2, Congress shall have power to enforce this article by appro- 
priate legislation. 

Article XIV. 

1. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make 
or enforce any law which shall abridge the privileges or immuni- 
ties of citizens of the United States ; nor shall any State deprive 
any person of life, liberty, or property, without due process of 
law, nor deny to any person within its jurisdiction the equal 
protection of the laws. 

2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. 
But when the right to vote at any election for the choice of 
electors for President and Vice-President of the United States, 
representatives in Congress, the executive and judicial officers 
of a State, 'or the members of the Legislature thereof, is denied 
to any of the male members of such State, being twenty-one 
years of age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion or other crime, 
the basis of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall bear to 
the whole number of male citizens twenty-one years of age in 
such State. 

3. No person shall be a senator or representative in Congress, 
or elector of President and Vice-President, or holding any office, 
civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, 
or as an officer of the United States, or as a member of any 
State Legislature, or as an executive or judicial officer of any 
State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 
given aid and comfort to the enemies thereof. But Congress 
may, by a vote of two-thirds of each House, remove such dis- 
ability. 

4. The validity of the public debt of the United States, au- 
thorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or 
rebelHon, shall not be questioned. But neither the United 
States nor any St-ate shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave ; 



92 



FORMATION OF THE CONSTITUTION. [1870. 



but all such debts, obligations, and claims shall be held illegal 
and void. 

5. The Congress shall have power to enforce by appropriate 
legislation the provisions of this article. 

Article XV. 

1. The right of the citizens of the United States to vote shall 
not be denied or abridged by the United States or any State on 
account of race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce the provisions 
of this article by appropriate legislation. 

Law making power in connection with 

House. 
Treaty making power in connection with 
Senate. \ President. 

Appointing power in connection with Pres- 
ident. 
Sole Right to tr^^ Impeachments. 
House of r Law making power in connection with Sen- 
Repre- J ate. 

senta- | Sole Originator of Money Bills, 
tives. [ Sole Right to institute Impeachments. 



Executes Laws. 

Makes Treaties with consent of Senate. 
President \ Makes Appointments with consent of Sen- 
I ate. 

1^ Has qualified Veto on all Legislation. 
[ Presides over Senate. 
p -^ ♦ "j Acts as President in case of Death, Disa- 
rresident y ^^^^^^ ^^ Incapacity of the President. 



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Constitution, and Laws made in accordance with it 

are Supreme Law of the Land. 
States guaranteed Republican Government. 
Admission of new States possible. 
Amendments provided for. 



II 

NATURE OF THE CONSTITUTION. 



THE CONSTITUTION. 



Preamble. 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the United States 
of America. 

The Constitution opens with a brief, declarative state- 
ment in which are set forth the actors ; their objects, and 
the means employed to obtain those objects. The actors 
are the people of the United States taken collectively. 
When the Articles of Confederation were adopted in 1781 
the people took no action. There was then no attempt 
to form a national government emanating directly from 
the people. On the contrary, the states, in their political 
capacity, united in a confederation which they made 
nominally sovereign. Its peculiar characteristics were 
due to the local ambitions of the states to maintain in- 
dividual sovereignty. Had the people themselves framed 
the Articles of Confederation, a more vigorous govern- 
ment would probably have been formed. The imbecility 
and consequent failure of the Confederation had become 
apparent. It was plain that a league between states could 
not succeed, and it was seen that the new government 
must originate with the people themselves. The same 
body which formed the constitutions of the states and gave 
them their authority, must form the Constitution of the 
Union. The power granted to both proceeds from the 
people. They conferred upon the Union the rights of 



p6 THE CONSTITUTION. [Art. I, 

sovereignty and national supremacy — upon the state, 
supremacy in that which was purely local. 

The objects to be attained by the people were " more 
perfect union," " justice," '' domestic tranquillity," " com- 
mon defense," promotion of " the general welfare " and 
to "secure the blessings of liberty." 

The phrase " more perfect union " alludes to the lax 
union which existed under the Confederation. The im- 
perfect character of this union was the cause of its failure. 
A closer and more perfect union was now to be sought. 

"Justice "had not been established under the Con- 
federation. No judiciary had existed, nor could the 
rights of the citizen of one state be enforced in another. 
It was necessary to remedy this fault. 

The Confederation had possessed no means by which it 
could ensure " domestic tranquillity." The Shays Rebel- 
lion in Massachusetts had defied the state, and the Con- 
federation had had no power to assist it. Sufficient power 
had to be provided. 

The general weakness of the Confederation had made 
it impossible for it to enforce its decrees. It could not 
adequately " provide for the common defense, promote the 
general welfare " or "secure the blessings of liberty." A 
new government, with powers derived directly from the 
people, could alone accomplish these ends. 

The means employed by the actors to secure these 
objects was the Constitution, which will now be con- 
sidered in detail. 

ARTICLE I. Legislative Department. 
Section I. Congress m General. 

All legislative powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and 
House of Representatives. 

The committee of the Constitutional Convention, which 
decided upon the style and arrangement of the Constitu- 



Sec. II,] THE CONGRESS. 



97 



tion, treated first of the legislative department. The 
Constitution is the organic or fundamental law of the 
land. It establishes the principles and methods by which 
the people will govern themselves. In order that govern- 
ment may exist and laws be enacted, a legislature is 
required. The Constitution, therefore, opens with a pro- 
vision for it. 

Under the Confederation, Congress had consisted of a 
single body in which were vested the powers granted by 
the Articles. This form had not proved satisfactory, and 
a change was determined on. In England, the only coun- 
try which had permanently established constitutional gov- 
ernment, the legislature was composed of two houses. The 
council of nobles had become the House of Lords, which 
is a hereditary body, and the upper house of the legisla- 
ture. Representatives of the people, who were first regu- 
larly assembled about the 12th century, formed the lower 
and more numerous house. This form of a legislature 
had proved successful. It required the cooperation of 
both houses for the enactment of laws, one house acting 
as a check upon the other. 

Two houses were, therefore, provided for — the Senate 
and the House of Representatives. 

Section II. House of Representatives. 

Clause I. The House of Representatives shall be composed 
of members chosen every second year by the people of the sev- 
eral states ; and the electors in each state shall have the qualifi- 
cations requisite for electors of the most numerous branch of the 
State Legislature. 

The House of Representatives is commonly known as 
the lower or more popular house of Congress. These 
terms are used because its functions, in some respects, 
are less important than those of the Senate, and because 
the larger number of members who compose it are 
selected directly by the people. 

Under the Confederation, members of Congress were 
5 



98 THE CONSTITUTION. [Art. I, 

elected by the state legislatures, for a term of one year. 
The new government was not a confederation ; but eman- 
ated directly from the people, who, therefore, chose their 
own representatives. Two years was made the term of 
service, and a new Congress was to be elected every 
second year. The Confederation had allowed the mem- 
bers of Congress to sit only three years in every term of 
six years. This peculiar provision was omitted in the 
Constitution and a member could be indefinitely reelected. 
There had been some fear expressed that if members sat 
for too long a time Congress would become despotic. 
Of that, however, there was very little danger. Members 
of the English House of Commons are elected for seven 
years. 

In 1787, the states had their own qualifications for 
electors ; often different in different states. The wisest 
course which the Constitutional Convention could take 
was to interfere as little as possible with affairs which the 
states considered local and private. It was, therefore, 
provided that those qualifications which were necessary 
in each state for election to the more numerous branch of 
its legislature should also be necessary for election to the 
national House of Representatives. 

Clause 2. No person shall be a representative who shall not 
have attained to the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that state in which he shall be 
chosen. 

This clause provides for a few specified qualifications 
for a representative in the national Congress in addition 
to those required in the states. It makes three condi- 
tions which are simple and yet, at the same time, of such 
a nature that' it would be difficult to elect a man who was 
totally unfit to be a representative. 

It is required that a candidate be 25 years of age,or four 



Sec. II.] HOUSE OF REPRESENTATIVES. 



99 



years more than his legal majority. This is to ensure 
stability of character and a reasonable degree of know- 
ledge. He must have been a citizen of the United States 
for seven years in order that he may be well acquainted 
with its character, constitution and laws. Thirdly, he 
must, when elected, reside in the state in which he is 
chosen, that he may intelligently represent the interests of 
his own section. 

Clause 3. Representatives and direct taxes shall be appor- 
tioned among the several states which may be included within 
this Union, according to their respective numbers, which shall 
be determmed by adding to the whole number of free persons, 
including those bound to service for a term of years, and ex- 
cluding Indians not taxed, three-fifths of all other persons. The 
actual enumeration shall be made within three years after the 
first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they 
shall by law direct. The number of representatives shall not 
exceed one for every thirty thousand, but each state shall have 
at least one representative ; and until such enumeration shall be 
made, the state of New Hampshire shall be entided to choose 
three, Massachusetts eight, Rhode Island and Providence Plan- 
tations one, Connecticut five. New York six, New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten,' 
North Carolina five. South Carolina five, and Georgia three. 

This clause makes a provision entirely different from 
anything in the Articles of Confederation. The people 
were now to be represented directly in Congress accord- 
ing to their number in each state. This provision caused 
much debate in the Constitutional Convention. Northern 
members claimed that the number in each state should 
mean only \\it free citizens of the state. Southern mem- 
bers insisted that it should include the whole population, 
thus counting negroes. If slaves were to be included in 
the terra ''numbers," the south would secure a peculiar 
influence in national legislation. The blacks could not 
vote or hold office. If they were counted, every southern 
white would possess more than one vote as compared 
with the northern voter. If the number of slaves equaled 



loo THE CONSTITUTION. [Art. I. 

the number of whites, the south would have exactly 
twice as many representatives as the north for an equal 
white population. 

To secure so desirable an end, and attain such a pre- 
ponderance of power in Congress, southern members in- 
sisted that the whole population be counted. But to this 
northern members would not consent. Each side was 
determined to carry its point. Neither would yield — so 
they finally compromised. Compromise was substantially 
a victory for the south. There was no reason why a 
southern white should possess a greater political influence 
than a northern white. If a single slave was included in 
the count of numbers, then the southerner did possess a 
greater political influence. 

The north agreed to allow three-fifths of the slaves 
(" all other persons ") to be counted. Therefore every 
50,000 slaves were counted as 30,000 free persons and could 
have one representative in 1790, They did not elect this 
representative themselves. He was elected by the white 
voters in addition to their own representative. Thus, with 
the establishment of the constitution, the south was guar- 
anteed by that instrument itself, a political preponder- 
ance. This would not have been the case, had not the 
north been led to believe that slavery would soon disap- 
pear, owing to the cessation of the slave traffic and the 
increasing number of free blacks. 

It was also provided that direct taxes should be appor- 
tioned according to numbers. This would tax the 
southern white more tlian the northern white, in exactly 
the same proportion that he held greater political influ- 
ence. This would apparently equalize the interests of 
the sections. But it so happens that direct taxes are very 
unpopular and have very rarely been laid — only five times. 
All our taxes are indirect. The south, therefore, has 
practically never been called upon to pay anything for its 
political preponderance. 



Sec. II.] THE FIRST CONGRESS, loi 

It was provided that a census be taken within three 
years after the meeting of the first Congress, in order to 
ascertain the numbers on which representatives and 
direct taxes were to be based, and a new one every ten 
years thereafter. There should not be more than one 
representative for 30,000 persons. Until an enumeration 
could be made, representatives were assigned to the 
states according to the judgment of the Convention, 
viz. : 

New Hampshire 3 Delaware i 

Massachusetts ......... 8 Maryland 6 

Rhode Island i Virginia 10 

Connecticut 5 North Carolina 5 

New York 6 South Carolina 5 

New Jersey 4 Georgia 3 

Pennsylvania 8 



Clause 4. When vacancies happen in the representation from 
any state, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

Provision is here made to preserve intact the number 
of representatives. It is desirable that all sections shall 
always be represented, in order that legislation may be 
equable. If, therefore, a vacancy is caused in any way 
— by removal, resignation or death — the governor of the 
state which loses the member is obliged to cause an elec- 
tion for a successor to be held. This successor holds 
office for the balance of the term for which his predeces- 
sor was elected. 

Clause 5. The House of Representatives shall choose their 
speaker and other officers, and shall have the sole power of 
impeachment. 

By this clause, the House is directed to perfect its own 
organization — to choose its speaker and other officers. 

The speaker is the president or presiding officer. He 
derives his name from the duty, formerly devolving upon 



102 THE CONSTITUTION. [Art. I, 

him, to respond to the address of the Crown or executive 
head of the government. 

The speakership is usually secured by the most active 
and able member of the party which possesses a majority 
in the House, It is, in some respects, the most important 
position in the government next to the presidency, and 
for this reason : The speaker appoints all the standing 
committees of the House. He names for them men 
whose character, opinions and ability he knows. These 
committees shape and largely control the legislation of 
Congress. The speaker, therefore, by appointing men 
favoring certain measures provides for certain legislation. 
No other officer of the government possesses a comparable 
influence. Nothing like it exists in the Senate ; for that 
body elects its committees. 

The other officers of the House are a clerk, sergeant- 
at-arms, door-keeper, postmaster and chaplain. 

To the House is confided the sole power of impeach- 
ment. This is done because it is the popular branch of 
the legislature and is supposed to accurately represent 
the feelings of the people. Impeachment relates only to 
the higher executive and judicial offices from which the 
incumbents cannot be removed. The House becomes 
the accusing party, and appoints a committee to prepare 
the case for presentation to the Senate when it is tried. 

Section III. Senate. 

Clause I. The Senate of the United States shall be composed 
of two senators from each State, chosen by the Legislature 
thereof for six years, and each senator shall have one vote. 

The formation of the Senate differs from that of the 
House. It is composed of two members from each state 
without regard to its population. The senators are chosen 
by the state legislatures and are not elected by the people. 

The character of the two houses of Congress depends 
upon the methods of electing them. The House is elected 



Sec. ILL] FORMATION OF THE SENATE. 103 

by the people according to their numbers, and is thus 
purely republican in character. The Senate is elected by 
the state legislatures, each choosing two senators. It 
represents the state governments and is thus federative in 
character. 

If, however, it was purely federative, the two senators 
from a state could cast but one vote. Each senator is 
entitled to his own vote. The two senators from a state 
may, and often do, vote on opposite sides of a question. 
Hence, the state which they represent, loses its vote as a 
state. The method of voting in the Senate is not federa- 
tive ; but republican. That body, therefore, while federa- 
tive in its formation, is republican in its methods. 

In the Continental Congress each state possessed one 
vote. The framers of the Constitution saw that a national 
legislature could not exist with such a provision. A 
republican government must represent the people 
directly. They, therefore, sought to make such provision 
for both houses of Congress. To this the small states 
objected. Under- the Confederation they had enjoyed 
an undue influence because all votes were by states. 
This unfortunate arrangement had been due to a resolu- 
tion of the first Continental Congress (1774) which 

^^ Resolved, That in determining questions in this Con- 
gress, each colony, or province shall have one vote : the 
Congress not being possessed of, nor at present able to 
procure, proper materials for ascertaining the importance 
of each colony." 

Following this precedent, voting had always been by 
states, and the small states were now unwilling to sur- 
render what they had gained in 1774. 

At last it was made so evident that representation in 
the popular house of Congress should be according to 
population, that it was agreed to ; with the understanding 
that in the upper house the basis should be different. 
Various methods were proposed but none were satisfac- 



104 THE CONSTITUTION. [Art. I, 

tory. The large states claimed that population was the 
only fair basis ; the small ones that representation by 
states was alone fair. The small states had yielded in 
the constitution of the House ; the large states now 
yielded in the constitution of the Senate. A compromise 
was made. One branch of Congress represented repub- 
lican principles, the other, federative principles. The 
former was in answer to the evident necessities of the 
time ; the latter in deference to the prejudice and in- 
fluence of the states. 

The senatorial term was, after much discussion, fixed 
at six years. The Senate is a smaller and more select 
body than the House. It is supposed to be composed of 
older and more experienced men, and to be more conser- 
vative. Serving for a longer time, its members are pre- 
sumed to be less moved by popular excitement, and to 
be able to modify any ill-judged action of that body. 

Clause 2. Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided as equally as may 
be into three classes. The seats of the Senators of the first class 
shall be vacated at the expiration of the second year, of the 
second class at the expiration of the fourth year, and of the 
third class at the expiration of the sixth year, so that one-third 
may be chosen every second year ; and if vacancies happen, by 
resignation or otherwise, during the recess of the Legislature of 
any State, the executive thereof may make temporary appoint- 
ments until the next meeting of the Legislature, which shall 
then fill such vacancies. 

This clause provides for the division of senators of the 
first Senate into three classes, to serve two, four, and six 
years respectively. At every election thereafter one-third 
of the Senate was to be chosen for the regular term of 
six years. 

This provision was ma.de in order to always secure the 
presence of experienced members. Not more than one- 
third of the Senate can be new at any time; one-third 
will have served two years and one-third four years. 



Sec. III.] THE SENA TE. 105 

If a vacancy occur in the Senate, when the legislature 
of the state which has the vacancy is not in session, the 
governor of that state may make a temporary appoint- 
ment. The state legislature shall, at its next session, fill 
the vacancy. 

It is not provided that the governor shallow the vacancy; 
though, in case of a vacancy in the House, he shall cause 
an election to be held, in order to fill it. This is because 
members of the House are the direct representatives of 
the people. Senators are elected by the state and are 
indirect representatives of the people. It is not consider- 
ed so important that their ranks shall always be full. 

Clause 3. No person shall be a Senator who shall not have at- 
tained to the age of thirty years, and been nine years a citizen 
of the United States, and who 'shall not, when elected, be an 
inhabitant of that State for which he shall be chosen. 

In forming Congress, it is generally believed that the 
Constitutional Convention had in mind the English Parlia- 
ment. Our House of Representatives was made to 
resemble the House of Commons, and our Senate to con- 
form somewhat to the House of Lords. The House of 
Lords is hereditary and naturally more conservative than 
the Commons. The Senate was made much smaller than the 
House and was given a term of service three times as long. 

This clause makes further provision for the stability of 
the Senate. A member must be 30 years old, or five more 
years than is required for election to the House. He 
must have been nine years a citizen of the United States, 
instead of seven as in the House. 

These provisions all look to the formation of the Senate 
from the ablest and most experienced statesmen. Men 
who have served long in the House are to look to the 
Senate for honorable promotion. 

When elected, a senator must be an inhabitant of the 
state for which he is chosen. 



lo6 THE CONSTITUTION. [Art. I, 

Clause 4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, unless they be 
equally divided. 

The only duty which the Constitution assigns to the 
vice-president is to serve as President of the Senate. In 
that capacity he has no vote unless the Senate be equally 
divided. 

Clause 5. The Senate shall choose their other officers, and also 
a President pro-tempore in the absence of the Vice-President, or 
when he shall exercise the office of President of the United 
States. 

The Senate chooses all its officers except its president. 
They are a secretary, chief clerk, executive clerk, 
sergeant-at-arms, doorkeeper and chaplain. 

In case of the absence of the vice-president, whether 
from ordinary cause, or on accoujit of being called to the 
presidency, the Senate chooses a president pro-tempore. 
The president pro-tempore does not lose his vote when 
he becomes the presiding officer. He retains it, in order 
to preserve intact the representation from his state. 

Clatise 6, The Senate shall have the sole power to tiy all im- 
peachments. When sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is tried, 
the Chief Justice shall preside ; and no person shall be convict- 
ed without the concurrence of two-thirds of the members 
present. 

It is provided that the House, which is the popular 
branch of Congress, shall originate all impeachments of 
officers of the government. The House is the accusing 
party and, therefore, not a suitable tribunal. When an 
officer is impeached by the House, he must be tried be- 
fore the Senate, whose greater experience and conserva- 
tism render it a more jud'cial body. 

The vice-president does not, in case of the impeach- 
ment of the president, preside over the Senate. In this 



Sec. IV.] IMPEACHMENT. 107 

case the vice-president is an interested party, because, if 
the impeachment is carried, he becomes president. The 
Chief Justice of the United States, therefore, presides. 

To convict requires more than a simple majority vote — 
two-thirds are necessary. This is to prevent an impeach- 
ment being possible unless the case is so evident that at 
least two-thirds of the senators present agree on it. 

Clause 7. Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification to hold 
and enjoy any office of honor, trust or profit under the Uni- 
ted States : but the party convicted shall nevertheless be liable 
and subject to indictment, trial, judgment and punishment ac- 
cording to law. 

Impeachment of an officer of the United States is gen- 
erally for neglect of duty or disobedience to the laws. 
The offense is against the United States and is political 
rather than criminal in its character. 

The penalty, from the government, to which an im- 
peached officer is liable, is strictly Hmited by the Consti- 
tution to removal from office and disqualification for any 
United States office. This is the political penalty. The 
impeachment is usually for a political crime — an offense 
against the state. Removal and disqualification are held, 
by the Constitution, to be sufficient punishment, and 
nothing further is allowed. But it may be that the cause 
of impeachment is criminal conduct. The Constitution 
particularly provides that in such cases the offender shall 
be liable to indictment, trial, judgment and punishment 
according to law. It places no limit on the punishment 
which the law shall mete out in due course. The limita- 
tions which it sets relate only to impeachment for politi- 
cal cause, and restrain the punishment to political degra- 
dation. 

Section IV. 

Clause I. The times, places and manner of holding elec- 
tions for Senators and Representatives, shall be prescribed 
in each state by the legislature thereof ; but the Congress may 



lo8 THE CONSTITUTION. [Art. I, 

at any time by law make or alter such regulations, except as 
to the places of choosing Senators. 

The sentiment of incipient state sovereignty which ex- 
isted in 1787 made it necessary for the Constitutional 
Convention to delegate to the states such powers and 
privileges as could be assigned them without derogation 
to the national government. 

It was provided that electors of representatives should 
have the same qualifications as those requisite for electors 
to the most numerous branch of the state legislature 
(Sec. II, clause I), in order that existing state regulations 
should not be disturbed. Looking to the same end, it 
was here provided that the times, places and manner of 
holding elections for senators and representatives shall 
be prescribed by each state. Such a provision indicates 
a studious attempt to refrain from interfering with local 
affairs. The feeling was such in 1787 that this provision 
was required. 

But the Constitutional Convention recognized that if 
Congress had no power to regulate elections for its own 
members, grave complications might result. It was, 
therefore, provided that Congress may by law make regu- 
lations which should supersede all state laws. Congress 
can, therefore, make the time and manner of elections 
uniform, and decide on the places, within each state, where 
they shall be held. But Congress can not name the place 
of choosing senators ; because they are chosen by the 
state legislatures, and it would be undue interference 
with state affairs to name the place of meeting for the 
legislatures. 

Clause 2. The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

The existence of each Congress is for two years. It is 
obliged to assemble at least once a year and must, there- 



Sec. v.] elections. RULES. 109 

fore, hold not less than two sessions. In case of emergency 
it may hold more. 

Elections throughout the country usually took place 
in the fall. In order that representatives might 
assemble fresh from the people, and be disposed to care- 
ful legislation, a day for their assembling was named in 
early winter. It was, at the same time, permitted to 
Congress to appoint a different day, that a better one 
might be secured if experience disposed them to change. 

Section V. 

Clause I. Each House shall be the judge of the elections, 
returns and qualifications of its own members, and a majority 
of each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members, in such manner, 
and under such penalties as each House may provide. 

Legislative bodies generally are judges of the elections 
of their own members. This clause of section v provides 
that this common right shall belong to both houses of 
Congress. It also declares what shall constitute a quorum. 
A majority is made necessary, in order that all legislation 
may represent as large a portion of the people as possible. 
In many bodies a quorum is constituted by a number much 
less than a majority, so that business may be transacted if 
a respectable number is present. In a republican govern- 
ment, however, where a majority rules, it was deemed 
best to require a majority to be present in the legislature, 
in order to make action possible. 

As it might sometimes occur that less than a majority 
would assemble at the appointed time, it is provided that 
less than a quorum shall have the right to assemble, and 
to compel the presence of absent members. The House 
has provided that fifteen members, including the speaker, 
can exercise this power. 

Clause 2. Each House may determine the rules of its proceed- 
ings, punish its members for disorderly behavior, and, with the 
concurrence of two-thirds, expel a member. 



no THE CONSTITUTION. [Art. I, 

The rights here conferred upon Congress are such as 
are necessary to enable the Senate and House to prepare 
methods of procedure, and to maintam their good order 
and dignity. They are essential to the maintenance and 
preservation of legislative bodies. 

No express provision is made for the punishment of 
persons guilty of offenses against Congress ; but the neces- 
sary power is held to appertain to that body, and has 
so been judicially decided. It is limited to imprisonment, 
but that not beyond the session of Congress. 

Clause 3. Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such parts as 
may in their judgment require secrecy ; and the yeas and nays 
of the members of either house, on any question, shall, at the 
desire of one tifth of those present, be entered on the journal. 

At the time of the formation of the Constitution great 
suspicion was held to rest upon any body whose proceed- 
ings were secret. The long struggle with England, and 
the prostration consequent upon it, had filled many 
minds with distrust and anxious forebodings. The 
new government would concentrate in itself more power 
than any American government had yet possessed. It, 
therefore, must record all its doings and from time to 
time publish the same, excepting only such parts as might 
require present secrecy. It was designed that the people 
should always be cognizant of the acts of their represen- 
tatives. 

For the same reason, the Constitution provides that the 
votes of the members shall be recorded at the desire of 
one-fifth of those present. One-fifth is selected as the 
requisite number in order that a very few persons may not 
have it in their power to delay business by demanding 
the yeas and nays. The call must be made by a respect- 
able number. Under the Confederation a single member 
conld do what now requires at least one-fifth. 



Sec. VI.] ADJOURNMEiYT, DISABILITIES. Ill 

Clattse 4. Neither house during the session of Congress shall, 
without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two houses 
shall be sitting. 

The Congress of the Confederation was a permanent 
body ; it was not periodically dissolved. It could ad- 
journ for a period not to exceed six months and, when 
not sitting, could appoint a committee of one from each 
state to sit, and to care for minor interests. It, or its 
committee, was always in session. 

The Constitution changed this. Congress meets at fixed 
times and exists two years. It then dissolves by Consti- 
tutional decree. It is composed of two houses between 
whom harmony of action is necessary. It is, therefore, 
provided that neither house shall adjourn for more than 
three days, or to any other place than that in which the 
two houses are sitting. If such provision was not in our 
fundamental law, either house could prevent legislation 
by adjournment, or render it difficult by removal to 
another place. 

Section VI. Disabzlitzes of Members. 

Ciatcse I. The senators and representatives shall receive a 
compensation for their services, to be ascertained by law, and 
paid out of the treasury of the United States. They shall in all 
cases, except treason, felony, and breach of the peace, be privi- 
leged from arrest during their attendance at the session of their 
respective houses, and in going to or returning from the same ; 
and for any speech or debate in either house, they shall not be 
questioned in any other place. 

The government formed under the Constitution was to 
possess means to attract to its service the best talent. It 
was to pay its senators and representatives a compensa- 
tion, to be fixed by law. The Confederation had pos- 
sessed no such power. Its Congress was a Federal body. 
Representatives in it had been paid by the states, each 
state fixing the amount, in accordance with its own ideas. 

It was plain that under a national government all mem- 



112 THE CONSTITUTION. [Art. I, 

bers should fare alike and this clause provides for it. 
This measure, also, makes them more independent in 
action than they could be if they relied upon the states for 
support. 

In order that Congress may not be deprived of a mem- 
ber, nor the people of a representative, its members are 
privileged from arrest during its sessions, except for the 
grave offenses enumerated — treason, felony, and breach 
of the peace. 

That freedom of debate may be perfectly secured, it is 
provided that no member shall be called in question, 
elsewhere, for his speech. 

These are pledges of the government to provide a clear 
way to fair and unprejudiced legislation. 

Clause 2. No senator or representative shall, during the time 
for which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been created, 
or the emoluments whereof shall have been increased, during 
such time ; and no person holding any office under the United 
States shall be a member of either house during his continuance 
in office. 

This clause makes provisions which are intended to 
secure Congress from a certain kind of demoralizing 
legislation. Had such regulation not been made Congress 
could create new offices in order that its members might 
fill them ; or it could increase the compensation of cer- 
tain offices with the same object in view. 

No person can become a member of Congress while 
holding a United States office. Every senator or 
representative must be able to devote all his time and 
energy to his legislative duties, and must not retain any 
other charge under the United States. He may have 
personal interests that will occupy as much of his time as 
would some United States offices ; but the Constitution 
does not interfere with these. It only regulates that 
which is within the immediate province of the Govern- 



Sec. VII.] REVENUE BILLS. 113 

ment, and supposes that its officers will devote themselves 
to its interests. 

Section VII. Mode of passing Laws. 

Clause I. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or con- 
cur vv^ith amendments, as on other bills. 

This clause is based upon a supposed resemblance of 
Congress to the English Parliament. In that body, the 
House of Commons, at an early period, assumed the sole 
right to originate money bills. Parliament was formed 
by slow degrees, in the course of many years. The Eng- 
lish Constitution came gradually into existence through 
custom, charters, and legislation. Under such conditions 
the bulk of the people had, at first, no representatives. 
At last the Commons was formed. It claimed that as the 
people paid the taxes, their representatives should alone 
vote them. Then it refused to vote money until redress 
for wrongs was obtained, and thus it obtained power. 

Our Constitution is a written document, specifying the 
powers which government possesses. The Senate, though 
not so popular a branch as the House, is neither heredi- 
tary nor aristocratic ; but is dependent on the people. 
Those who framed the Constitution did not realize these 
facts. At first, they proposed to give the Senate no power 
whatever to consider money bills. Finally it was decided 
that if the House alone was permitted to originate them, 
the Senate might safely be allowed to propose amend- 
ments. 

The clause, as it exists, works no injury ; and is a good 
example of the influence of the English Constitution on 
our own. 

Clause 2. Every bill which shall have passed the House of 
Representatives and the Senate shall, before it become a law, 
be presented to the President of the United States ; if he ap- 
prove, he shall sign it ; but if not, he shall return it, with his ob- 



114 THE CONSTITUTION. [Art. I, 

jections, to that house in which it shall have originated, who 
shall enter the objections at large on their journal, and proceed 
to reconsider it. If, after such reconsideration, two-thirds of that 
house shall agree to pass the bill, it shall be sent, together with 
the objections, to the other house, by which it shall likewise be 
reconsidered, and if approved by two-thirds of that house, 
it shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names of 
the persons voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill shall not be 
returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a 
law in like manner as if he had signed it, unless the Congress 
by their adjournment prevent its return, in which case it shall 
not be a law. 

The president, by this clause, participates in all legis- 
lation. For any measure to become a law it must pass 
both houses of Congress and receive his approval, or, if 
not receiving it, must be passed a second lime by Con- 
gress, by at least two-thirds of both houses. Congress 
has thus a limitation upon its legislative powers, designed 
to counteract hasty or ill-advised action. 

All bills must be sent to the president before they can 
become law. The chief executive of the nation is sup- 
posed to be able to judge, in certain cases, more clearly 
and impartially than Congress. He, therefore, is author- 
ized to withhold his signature, and to state his objections 
to a bill. When he takes this course. Congress is com- 
pelled to reconsider the bill, and cannot pass it unless 
two-thirds concur. As a president will veto a bill for 
very weighty reasons only, it cannot very often happen 
that one to which he objects will become a law. 

When a bill is returned to Congress with the president's 
veto, the vote on it is to be taken by yeas and nays, and 
the vote of each member recorded. This aids in secur- 
ing thoughtful action, as no right thinking man will put 
himself on record for a bad measure. 

A president might seek to defeat a bill by ignoring it, 
after it was presented to him, if he was not required to 



Sec. VIII.] POWERS OF CONGRESS. 115 

make his decision known within a specified time. That 
he may not adopt such a course, he is obliged to present 
his veto within ten days. If he neither approves or dis- 
approves it within that time, it still becomes a law. If, 
however, Congress should adjourn before ten days 
have expired, the president would not have had his full 
constitutional opportunity to examine it. It could not 
be returned to Congress, as that body would not be sit- 
ting, and the ten days' clause would be inoperative. 

Clause 3. Every order, resolution, or vote, to which the concur- 
rence of the Senate and House of Representatives maybe neces- 
sary (except on a question of adjournment), shall be presented to 
the President of the United States, and, before the same shall take 
effect, shall be approved by him ; or, being disapproved by him, 
shall be repassed by two-thirds of the Senate and House of 
Representatives, according to the rules and limitations prescribed 
in the case of a bill. 

This clause carries out in minute detail the provision 
of the previous clause. It provides that all orders, reso- 
lutions and votes, as well as bills, shall be submitted to 
the president for his approval. All proceedings of Con- 
gress, even the most trivial, are thus subjected to execu- 
tive scrutiny. 

Were any class of acts of Congress capable of going 
into force without executive sanction, a measure known 
to be objectionable to the president could be brought 
within its scope, and thus passed. Such a course is made 
impossible by the careful provisions here made. 

Section VIII. 

The Congress shall have power — 

Clause I. To lay and collect taxes, duties, imposts, and excises, 
to pay the debts, and provide for the common defense and general 
welfare of the United States : but all duties, imposts, and ex- 
cises shall be uniform throughout the United States. 

In this section of the Constitution there are enumerated 
the principal powers which appertain to sovereignty and 



ii6 77//'; rohrs'rrnrnoM. [akt. i, 

which, consequently, devolve upon Congress. 'I'hcy are 
eighteen in number. l''ive of the more imj)ortant ones 
had been granted to the Confederation under the old 
artiftles ; viz. : to borrow money ; to regulate commerce ; 
to coin money ; lo establish pcjst-offices, and to declare 
war. The Confederation was not self-sustaining and had 
been unable to avail itself of what it nominally ])OSsessed. 
It became inojjerative because it was iin.iblc' to enfor( e its 
j)Ovvers. 

To the Constitution was granted all of the jjowers of 
the Confederation, and such other supplementary ones as 
were necessary to enable it to maintain its own existence 
and to ])reserve the nationality of the government. 

Tlie question of the number and character of the 
powers to be granted to the Constitution, divided the Con- 
stitutional ('onvention. V>y degrees, that body was brought 
to see the necessity of granting strictly national powers. 
To frame a government, national in form, was not 
sufficient. The prevailing feeling against a strong gov- 
ernment would jirevent acknowledgments of a right to 
nationality unless it was placed beyond dispute by positive 
enactment, 'i'he Convention recognized the sentiment of 
the country and provided a remedy. It devoted a section 
of the Constitution to a statement of the chief powers 
aj)pertaining to sovereignty, declaring that Congress 
possessed them. The language of the Constitution is 
simply declarative — " Congress shall have power." The 
powers specified are the important ones whose lack had 
destroyed the Confederation, 'i'liey are those ujjon which 
every government relies for its existence and perpetuation. 
They are the fundamental or organic powers of indepen- 
dent government. Being such, they, of necessity, by virtue 
of their own vigor, contain and include all minor powers 
wliich may be re^pn'red in exercising the prerogatives of 
independent sovereignty. Every individual right belong- 
ing to a free government could not be specified. It is 



Sec. VI 1 1 . ] IMPLIED P O WE PS. 1 1 7 

only required to assert those which are strictly sovereign. 
All others are legitimate consequences, and inevitable 
results. The enumeration of powers in this section is not 
designed to be exhaustive. It is only intended to indicate 
those which are fundamental. All which necessarily flow 
from them are part and portion of those specified. 

The first of the enumerated powers is one which is 
essential to independent sovereignty ; without it govern- 
ment could not exist. The Confederation did not have it 
and therein experienced one of its chief sources of weak- 
ness. Government can not be carried on without financial 
means. To provide for them was, therefore, the first 
thought of the Constitutional Convention. 

It often becomes necessary for a government, as for an 
individual, to contract debts. It is consequently here 
specified that Congress shall have power to pay them. 

In addition to these natural provisions, Congress is 
authorized to provide for the common defense and general 
welfare. These phrases are so general in their meaning, 
and comprehensive in their scope, that it is impossible to 
define the limit of the power granted by them. It may be 
supposed, on the one hand, that only that which is impera- 
tive is intended ; on the other, that what is beneficial is 
equally within the meaning of the text. While there is 
enough of uncertainty to make discussion possible, all 
probability points to the broader view. Had it been 
intended to limit the powers of Congress to the smallest 
appreciable amount, it would have been so stated. As 
general powers are expressly provided for, it is justly 
inferred that they extend to all cases of common benefit 
as well as of common necessity. 

The clause further provides that all duties, imposts and 
excises shall be uniform throughout the United States, 
thus doing common justice to all citizens. 

Under the Confederation each state had levied its own 
taxes and, naturally, the taxes had not been uniform 



T 1 8 THE CONS TITU TION. [Art. I, 

througliout the Union. Such a condition could not justly 
exist under a national government ; uniformity must 
prevail. 

Clause 2. To borrow money on the credit of the United 
States. 

A government must have power to borrow money. In 
the ordinary course of events, in times of peace, the 
revenue should be sufficient to meet all needs. But in 
case of war, or on extraordinary occasions, larger sums 
will be required than can be at once raised in the ordi- 
nary manner. It then becomes necessary to borrow from 
capitalists, at home or abroad, and to pay a reasonable 
interest for the money borrowed, until means are devised 
to raise a revenue sufficient to pay the debt. 

Clause 3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes. 

The right to regulate commerce with foreign nations 
appertains to sovereignty. It was granted to the Con- 
federation, for under it treaties could be made, though 
infractions by the states could not be punished. 

The Confederation could not regulate commerce among 
the states. Its inability to do this was one reason why 
the Annapolis Convention was called, as has been ex- 
plained. All that the Confederation did was to provide 
that citizens of one state should have the rights, in every 
other state, which were granted to their own citizens. 
As this provision could not be enforced, it became 
worthless. 

The Constitution possesses means to enforce its 
powers. This provision was essential to secure equal 
rights and would be enforced. 

The Indians are regarded as wards of the government. 
It, therefore, must have the power to treat with them and 
care for them ; hence this provision. 



Sec. VIIL] NATURALIZATION, 1 19 

Clause 4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies throughout the 
United States. 

This clause relates to citizens of the United States. 
Those are natural citizens who are born within the 
United States. Other persons, born in foreign countries, 
may become citizens by complying with certain require- 
ments, prescribed by Congress. Compliance with these 
regulations is called naturalization. It is the method 
employed to form citizens out of foreign born inhabitants. 
A state is primarily composed of its natural citizens. 
They have formed its government and laws and have in- 
fused into them their spirit. It, therefore, is a just and 
natural right of the government so formed, to pronounce 
on what terms it will admit into its political membership, 
foreign persons whose traditions, feelings and education 
differ from those of the founders of the state. To admit 
them without preparation for their new duties would 
often be dangerous. To prevent such danger, rules of 
naturalization are formed. 

A rule of naturalization prescribes the method of at- 
taining citizenship. It requires the person to reside for 
a certain period in the country, and to be of a suitable 
specified age. It is supposed that after these require- 
ments have been complied with, the new citizen has be- 
come enough acquainted with the institutions of the 
country, and is in sufficient sympathy with its spirit to 
enable him to become a good citizen. 

The Confederation had no power to establish a uniform 
rule on this subject. Being left to the states, there were 
many differences, and he who was a citizen in one state, 
was not one in another. This absurdity was superseded 
in the Constitution by the provision just described. 

This clause also provides for uniform laws on the sub- 
ject of bankruptcies. A commercial regulation is ap- 
pended to one which is political. 



I20 THE CONSTITUTION. [Art. I, 

It is designed by uniformity of law to secure equal 
justice to all citizens. Under the Confederation each 
state had enacted its own laws. Under the Constitution 
all subjects which interested the entire people were to be 
treated in a common way. 

Clause 5. To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and measures. 

The power to coin money is an incident of sovereignty. 
It is one of the enumerated powers of the Constitution 
partly because of its importance, and partly because it 
was different from the power which the Confederation 
had enjoyed. The Confederation had not possessed the 
supreme right to coin money ; but had shared it Avith the 
states. That arrangement was crude and impracticable. 
It was one of the many cases in which the Confederation 
was given a nominally sovereign power, but curtailed and 
rendered abortive by federal limitations. 

The right to regulate the value of foreign coin is 
closely connected with regulating the value of home coin- 
age. It is necessary in order to secure uniformity of 
valuation. 

Different standards in money, weights or measures 
cannot exist in one country, possessing intimately con- 
nected parts, without injury to the interests of all, nor 
without perpetual inconvenience. Weights and measures 
are in constant use and must have a uniform standard. 
If such does not exist. Congress is expressly authorized 
to provide for it. 

This is only one of the eighteen enumerated powers 
which are declared to appertain to Congress. Like the 
others, it relates to the general welfare ; like them, it is 
specified because the Constitutional Convention thought 
it necessary to declare the chief powers which would 
reside in the new government, in order to calm the 
excited apprehensions of the people. 



Sec. VIII] COINS. POST-OFFICES. 121 

Clause 6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States. 

If any individual or government has right to a certain 
act, it necessarily follows from that right, that he has 
equal right to protect himself in doing it. It, therefore, 
follows that if a government can coin money, it can pro- 
tect itself by punishing those who counterfeit it, or other- 
wise detract from its value. This is a corollary of 
Clause 5, and would hardly seem to require separate 
statement. 

In this clause the securities of the United States are 
referred to. Securities are the pledges of the govern- 
ment. They are similar in nature to bills of credit which, 
though not specified in the previous clause, are thus in- 
directly referred to in this one. 

Clause 7, To establish post-offices and post-^roads. 

A general post-office was established as early as 1775. 
The Articles of Confederation, adopted in 1781, gave Con- 
gress the sole right to establish and maintain a general 
post-office. These acts prove how essential to the general 
welfare a post-office was considered. The power to estab- 
lish one is enumerated here because of this fact. 

The power to establish post-roads would seem to flow 
from the power to establish post-ofhces. It relates, how- 
ever, to internal improvements. 

Works of this character were looked upon in 1787, by 
many persons, as belonging solely to the individual states. 
It was feared that the government would acquire too 
much power, if allowed to undertake them. Assent was 
given with reluctance, and only because it seemed neces- 
sary. 

Clause 8. To promote the progress of science and useful 
arts, by securing for limited times to authors and inventors the 
exclusive right to their respective writings and discoveries. 
6 



122 THE CONSTITUTION. [Art. I, 

This clause expresses one of Madison's favorite ideas. 
He believed that a national university should be estab- 
lished and that every reasonable means should be employ- 
ed to promote the cause of higher education, and of the 
progress of science. He could not impress upon his col- 
leagues the importance of a national university ; but he 
succeeded in making clear that some means should be 
taken to advance the interests of science and the arts. 

The provision here made authorized the issuance of 
copyrights to authors and of patents to inventors. These 
terms mean the same thing, but are applied to different 
classes of objects. The government, by granting a copy- 
right, for a specified time, agrees to protect an author 
from a theft of his Avritings, so that he alone may receive 
any proceeds arising from the sale of his works, by the 
publisher whom he has chosen. Should another publisher 
reprint them, he is liable to punishment. 

A patent protects an inventor in the same way that a 
copyright protects an author. No person can imitate and 
use his invention without his consent. 

Both these forms of protection are due to the people. 
They can be guaranteed only by a national government ; 
because they are valueless if they do not cover the whole 
country in which the writings may circulate, or the inven- 
tions be used. 

Clause 9. To constitute tribunals inferior to the Supreme 
Court. 

The three departments of the government are the legis- 
lative, executive, and the judiciary. Article I of the 
Constitution treats of the legislative department ; Article 
n of the executive, and Article IH of the judicial. This 
arrangement is the natural one because the legislature 
first makes the laws ; the executive administers them, and 
the judiciary, finally, interprets them, in case of doubt. 



Sec. VIII.] DECLARATION OF WAR. 123 

We are now examining the legislative department. The 
clause under consideration provides that Congress shall 
have power " to constitute tribunals inferior to the Su- 
preme Court." We have not yet seen what is the Supreme 
Court ; we can only suppose that it is the highest judicial 
tribunal of the nation ; and that the power here given to 
Congress is to enable it to provide for inferior courts, 
similar in character to the Supreme Court, but designed 
to decide on less important interests. We shall learn the 
character of the Supreme Court in Article III. 

Clause 10. To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law of nations. 

Piracies and felonies are crimes which may be commit- 
ted against citizens of any nation. They are offenses 
against the law of nations and may, together with any 
other such offenses, be suitably punished by Congress. 

This power to punish offenders against the law of na- 
tions must reside in the national government in order to 
provide for its self-protection. If piratical or other 
offensive acts are perpetrated by a citizen, the govern- 
ment must punish him, otherwise the nation to which the 
injured persons belong will seek redress and retaliation. 
A government must preserve honorable relations with 
other governments ; to do so involves the power to punish 
those whose actions would injure its relations. 

Clause II. To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land and water. 

To declare war is one of the highest prerogatives of 
sovereignty because of the greatness of the interests in- 
volved. It was granted to the Confederation, thus recog- 
nizing the sovereignty of that government. 

In England the Crown can alone declare war. In the 
Constitutional Convention it was proposed by some to 



124 THE CONSTITUTION. [Art. I, 

vest the right in the President, and by others in the 
Senate ; but it was finally vested in Congress. That body, 
as a whole^ is supposed to be best able to decide a ques- 
tion which involves the lives and property of the people. 

A letter of marque is a commission, issued by the 
government, authorizing an individual to enter another 
country, and seize persons or property in order to make 
good an injury. Reprisal, meaning retaking, explains the 
object for which the letters are issued. A vessel may act 
under these letters and become a privateer when, without 
them, she would be a pirate. 

If a government can declare war it would seem to fol- 
low that it can make rules concerning captures. Express 
provision is here made to this end, in order that the power 
may not be called into question. 

Clause II. To raise and support armies, but no appropriation 
of money to that use shall be for a longer term than two years. 

The right to declare war Avould be of little use if the 
power to raise and support armies did not accompany it. 
To raise armies is, in fact, a necessary consequent of the 
other power. A declaration of war would be worse than 
useless, if the same power which made it could not en- 
force it by arms. It, therefore, seems unnecessary to 
specify that this power should belong to Congress. 

The Constitutional Convention inserted this clause be- 
cause of its contrast to the corresponding one in the 
Articles of Confederation. That one granted to the Con- 
federation the power to agree on the number of the forces, 
and to make requisitions on the states for them. The 
Congress could only decide what it thought was neces- 
sary. Its judgment was reported to the states ; they, if 
they chose, would conform to it. To pay the hardly 
raised troops was as difficult as to raise them, for the 
Confederation had no appreciable income. Bills of credit 



Sec. VIIL] THE NAVY. 125 

and promises to pay were worthless when issued by a gov- 
ernment which commanded neither respect nor confidence. 
The common treasury to which the states contributed 
was always very low, and could not be relied on. 

The means which the Confederation lacked were granted 
to the national government formed under the Constitution. 
It could raise its own armies, and the House of Represen- 
tatives could provide for their support. But one limita- 
tion was laid upon their power ; they could appropriate 
money for only two years. 

This provision is designed to prevent an army from 
becoming so large and powerful as to grow dangerous to 
liberty and civil power, as was inevitably the case in an- 
cient republics. As no appropriation of money can be 
made for more than two years, a new House and one- 
third of the Senate will be chosen before the appropria- 
tion expires. If the feeling of the people has undergone 
a change, the election will return such men as will hmit 
the next appropriation and reduce the army accordingly. 
The military forces can thus always be controlled by the 
people. 

Clause 13. To provide and maintain a navy. 

It would seem so obvious that a national government 
possessed the right to provide and maintain a navy that it 
would not be necessary to enumerate the power. 

The Constitutional Convention did not so consider it. 
Like the power to raise and support armies, it was con- 
sidered so important that it must be specially conferred. 
Moreover, the new government was not expected by the 
people to be really national. It was intended that it 
should be stronger than the old Confederation; but it 
was generally thought that it should remain Federal in 
form. 

With such expectations, the Constitution framed by the 



126 THE CONSTITUTION. [Art. I, 



Constitutional Convention in its sittings, which had been 
secret, would prove a general surprise. It was necessary 
to specify in the instrument all the chief powers it pos- 
sessed, in order that it might be understood. Had a na- 
t onal constitution been looked for, this would not have 
been required — it would have been expected. As only a 
Federal constitution was expected, it was necessary to 
make the provisions of the Constitution very explicit in 
order to prove that it was national. 

Claicse 14. To make rules for the government and regulation of 
the land and naval forces. 

The power conferred in this clause, like the powers of 
the previous two clauses, flows directly from the power 
to declare and carry on war. 

The separate statement of these three powers, although 
they would exist in equal force if not specified, serves an 
important end. It emphasizes a fundamental feature of 
our government, viz, : — that the people are the source of 
power : that Congress is their authorized agent, and that 
the civil body organizes and controls the military body, 
and is superior to it. 

Congress represents the great civil body of the nation ; 
it calls the military forces into existence ; provides for 
their support, and makes the rules by which they are 
controlled. 

Clause 15, To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections and repel invasions. 

The national government is made self-supporting by 
the first clause of this section, which authorizes the col- 
lection of taxes, together with this clause, which provides 
means to execute the laws. 

The militia is composed of the citizen soldiers organized 
in their different states. Under the Confederation they 



Sec. VIIL] THE MILITIA. 127 

could be called forth only by the executive of their re- 
spective states ; such laws as related to the Union could 
not be enforced. This was one of the fundamental de- 
fects of the Articles of Confederation, and is remedied in 
the Constitution. Congress now possesses a power above 
that of the states. It can call out the mihtia to enforce 
its laws and to repel invasion. 

Shays's rebellion of 1787 was an insurrection which 
caused general alarm, and showed how weak w^as the ex- 
isting government. Though it was soon suppressed, it 
was feared that other more dangerous ones might break 
out, and it made it felt how necessary was some suitable 
means to suppress such outbreaks. 

Clause 16. To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may be em- 
ployed in the service of the United States, reserving to the States 
respectively, the appointment of the officers, and the author- 
ity of training the militia according to the discipline prescribed 
by Congress. 

This provision is practically part of the preceding one ; 
it is so intimately connected with it that the two are some- 
times considered together as one. 

When Congress finds it necessary to call out the militia 
of different states, it is necessary that they should be or- 
ganized and drilled as one body. Congress is therefore 
given power to govern them, and to arm them. 

It is, however, reserved to the states to appoint officers, 
and to do the preparatory work of training according to 
the discipline prescribed by Congress. 

This provision was a concession to the states, designed 
to allay their jealousy of the superior powers granted to 
Congress. It is not in any way required by adherence to 
republican ideals. It originated in the conditions obtain- 
ing in 1787 ; but, though due to local causes is perhaps 
beneficial in modifying the power of the general govern- 
ment. 



128 THE CONSTITUTION. [Art. I, 

Clause ij. To exercise exclusive Legislation in all cases what- 
soever, over such district (not exceeding ten miles square) as 
may, by cession of particular States, and the acceptance of 
Congress, become the seat of the Government of the United 
States, and to exercise like authority over all places purchased 
by the consent of the Legislature of the State in which the same 
shall be, for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings. 

This clause gives the United States government the 
power to control the limited district in which it is 
located. It was thought that if the seat of government 
was within any state, Congress might be subject to undue 
influence from that state ; greater freedom of action 
would result if the government was free from state influ- 
ence. The same exclusive control of all United States 
property, wherever located, was to rest in Congress. 

These provisions are simply designed to place the in- 
dependence and sovereignty of the government beyond 
dispute. They are made in order to emphasize its 
character. 

Clause 1 8. To make all laws which shall- be necessary and 
proper for carrying into execution the foregoing powers, and 
all other powers vested by this Constitution in the Government 
of the United States, or in any department or officer thereof. 

It has been before remarked that if a person or govern- 
ment possesses a right to an object, that there follows 
from it a right to defend its possession. If a government 
possesses a right to establish a uniform rule of naturali- 
zation, there follows from it power to make the rule and 
enforce it. The same applies to all other rights vested 
in a government. 

The Constitution vests Congress with certain rights or 
powers ; but none of them could be executed without 
appropriate legislation. Congress could not put its powers 
into operation without enacting laws and providing for 
their enforcement. It, therefore, follows from the grants 



Sec. VIII.] IMPLIED POWERS. 129 

of power, that Congress must make suitable legislation to 
carry them out. Otherwise they would be but a dead 
letter. 

There is then no logical necessity for any separate 
clause, which shall specifically give the right to put the 
granted powers into operation. Such a clause, however, 
exists. It is the last of the eighteen specifications of 
granted powers, and relates to the seventeen previous 
ones, instead of containing any new right. It is a sum- 
mary of the section, and reiterates the right of Congress 
to make laws to carry out all the powers granted it. 

The Articles of Confederation had been a dead letter, 
because they had not this power. This clause, therefore, 
served as a declaration that the new government was to 
be an active force. It was necessary to make this asser- 
tion emphatic in 1787 — for the states had practically con- 
trolled the Confederation. 

The clause does not stop with the grant of right to 
provide for the enforcement of the previous specified 
powers — it becomes more general and emphatic. It adds 
the right to make laws to enforce all other powers granted 
to the government or any department or office thereof. 

The word government here means Congress. The 
powers granted in this section are granted to Congress. 
"All other powers vested by the Constitution in the 
government " are, therefore, " all other powers vested by 
this Constitution in " Congress. These enumerated 
powers are the only ones specified as belonging to 
Congress. It, therefore, follows that *'all other powers 
vested * * * in " Congress are implied powers ; they 
are such as appertain to sovereignty, and such as are 
required by the Constitution to secure its effective 
working. 

It becomes clear, through this analysis, that the powers 
of the Constitution are not confined to those which are 
mentioned in this section. Those which are given are 



13© THE CONSTITUTION. [Art. I, 

the chief ones which appertain to sovereignty. They are 
enumerated in the instrument because of their import- 
ance, and because they were part of a new government 
which was to be radically different in operation from that 
which had existed. Their enumeration was necessary in 
order to impress on the people the nature and character 
of the new government. The term '^ sovereign " had 
been misapplied, and hM become uncertain in meaning. 
It would not do to only explain that the new government 
was sovereign ; it was necessary to state what were some 
of its sovereign powers. This is done, and the power is 
then conferred to make laws to carry these and " all other 
powers " into execution. 

Section IX. Powers denied to the United States. 

Clause I. The migration or importation of such persons as 
any of the states now existing shall think proper to admit, shall 
not be prohibited by the Congress prior to the year one thou- 
sand eight hundred and eight ; but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for each per- 
son. 

Section IX of Article I of the Constitution is designed to 
withhold from the government the riglit to exercise certain 
powers prejudicial to the welfare of the people. They 
are specifically denied. Some relate to powers exercised 
by the states under the Confederation ; others refer to 
English customs from which our own arose, and others 
contemplate powers which the new government might 
claim if not particularly restricted. 

The first restriction refers to slavery, though the obnox- 
ious word is carefully excluded. It was believed in 1787 
that involuntary servitude would disappear in a few years, 
owing to the increasing number of free blacks and the 
existing feeling against it. Southern members of the 
Constitutional Convention insisted that this would be the 
case and, at the same time, demanded that the right of 
the states to import slaves should not be curtailed. The 



Skc. IX.] SLAVERY. 13 1 

north did not see what would result. The adoption of a 
Constitution was deemed imperative and, to secure it, 
compromises were made on the question of slavery. Con- 
cerning representation in Congress, it has been shown, 
that the south gained, by the provision that two-thirds of 
the slaves should be counted. On this question the 
south gained again. In compliance with repeated 
demands, and claims of justice to slaveholders, it was 
agreed that Congress should not have power to prohibit 
the importation of slaves before 1808. In the intervening 
twenty years the south would rapidly increase its slave 
population ; it would thereby greatly augment its political 
power, and it would secure a preponderance of control in 
national affairs which would seem to ensure its permanent 
supremacy. 

The Constitutional Convention agreed on this clause 
only after long debate. It was not regarded at the porth 
as a matter of justice due the south ; but as a comprom- 
ise, which must be accepted if the Constitution was to be 
framed. 

Northern members saw that the inevitable increase of 
slaves would strengthen the south politically, although 
southern members were bold enough to assert that slavery 
was a social — not a political institution ; and this, too, 
while they were demanding a right to continue it, in 
order to augment their political strength, as well as to pre- 
vent sudden disturbance of existing conditions. 

Though agreeing to allow southern states to continue 
slave importation for twenty years, the northern mem- 
bers of the Constitutional Convention insisted that the 
government should have the right to tax each slave 
imported. Some claimed that this would appear like a 
constitutional license of slavery, when the very word itself 
had been omitted, in order that a republican Constitution 
might not be disgraced by it. Others saw in the right 
only a just source of income to the government. The 



132 THE CONSTITUTION. [Art. I, 

south thought it would be an unjust tax ; the north 
claimed that it would be insignificant in comparison with 
the great political benefits that were to be gained by the 
great increase of slaves which would occur. This view 
finally prevailed and the government was given the right 
to levy a small tax. 

This clause relates to powers which the government 
might claim, if careful specification of them was not 
made. 

Clause 2. The privilege of the writ of habeas corpus shall not 
be suspended unless when, in case of rebellion or invasion, the 
public safety may require it. 

The writ of habeas corpus is a writing issued by a judge, 
having competent authority, directing the appropriate 
officer to produce the imprisoned person, and show cause 
why he should not be liberated. It takes its name from 
the two Latin words habeas corpus, which mean " You 
may have the body." 

This writ is derived from the English common law, and 
is thought by some to be specifically based upon a provi- 
sion of the Magna Charta, forced from King John in 12 15. 
It is based upon the principle, long contended for and 
early established in England, that no freeman shall be 
imprisoned except for just and sufficient cause nor be 
deprived of " life, liberty and property except by the 
judgment of his peers and the law of the land." 

It had early come to be regarded as a provision essential 
to liberty, and was held in high esteem by the English and 
their descendants. Explicit regulation concerning it was 
therefore considered necessary in the fundamental law of 
the land. This great safeguard against arbitrary imprison- 
ment was to be perpetually in force, and never to be 
suspended, except in two cases when the safety of. the 
state was at stake. 

When rebellion exists, the existence of the state is 



Sec. IX.] UNJUST LA WS. 133 

threatened ; anarchy and ruin are possible results. In 
this condition, the importance of maintaining the govern- 
ment, for the good of the whole people, transcends the 
importance of individual interests. It is often possible 
that peace can best be restored by vigorous and decisive 
measures. The Constitution provides that in such cases 
the writ of /^^/^^^j- corpus x^'&.y \>^ temporarily suspended. 
Invasion brings nearly the same dangers as rebellion — 
oftei^ greater ones. In both cases the public safety may 
demand the suspension of the writ. 

This clause places in our organic law one of the most 
valued provisions of the English Constitution. 

Clause 3. No bill of attainder, or ex-post-facto law, shall be 
passed. 

By this clause two severe and stringent methods of 
punishment are made impossible. A bill of attainder is 
an act of legislation which extinguishes the civil rights of 
the attainted persons. In England, it formerly worked 
corruption of blood and forfeiture of property. By the 
former, the person attainted could neither inherit or 
transmit property ; by the latter, his land was forfeited, 
back at the time of the commission of the offense, without 
regard to any intermediate sales. It also carried with it 
the death sentence. 

An ex-post-facto law is one which renders a past act 
punishable, though it was not punishable at the time that 
it was committed, and refers to criminal and penal stat- 
utes only. It is retroactive in nature. 

The framers of the Constitution regarded both these 
measures as arbitrary and oppressive in the highest 
degree. Bills of attainder had been found in England 
for political offenses and had carried lasting injury and 
disgrace to many besides the offender. The penalty there 
inflicted was necessarily severe in most cases, and savored 
more of absolute power than of modern civilization. 



134 THE CONSTITUTION. [Art. I, 

So, too, with ex-post-facto laws which referred back to 
past deeds. By means of them an objectionable person 
could be made guilty of a crime, though the act when 
committed was not punishable by any existing law. 

A government which could pass these laws could 
destroy opponents and perpetuate itself in absolute 
power. It was therefore necessary to prohibit such 
action in the organic law of the nation. 

The provision resulted from historic teaching of the 
operation of such powers in England, and showed the 
necessity of their denial here. 

Clause 4. No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration herein before 
directed to be taken. 

In Clause 2 of Section 2, Article I, it is provided that 
representatives and direct taxes shall be apportioned 
among the states according to their respective numbers, 
and it directs in what manner the numbers shall be reck- 
oned. 

This clause merely reasserts the above provision con- 
cerning direct taxes. Its object is to divide equally the 
burden of taxation, among the whole people. 

Clause 5. No tax or duty shall be laid on articles exported 
from any state. 

This clause is designed to give the greatest possible 
freedom to all local industries. No tax can be levied on 
articles exported from any state ; every manufacturer in 
the Union is to be free from such tax upon exported 
products, thus affording opportunity for home growth 
and for competition in foreign markets with the goods of 
foreign manufacttirers. 

Many members of the Constitutional Convention 
thought that exports should be liable to taxation, but 



Sec. IX.] DENIED POWERS. 135 

the majority favored perfect freedom of trade in this 
respect. 

Clause 6. No preference shall be given by any regulation of 
commerce or revenue to the ports of one state over those of 
another ; nor shall vessels bound to or from one state be obliged 
to enter, clear, or pay duties in another. 

By this clause the states are prevented from making 
exactions on vessels bound to or from other states. Ves- 
sels are not required to "enter" in another state, that is, 
make report and obtain permission to land ; nor to 
"clear," that is, obtain papers allowing them to sail ; nor 
to pay duties. 

Under the Confederation the states had taxed one 
another's vessels contrary to the Articles of Confedera- 
tion. This was rendered impossible in the future, and 
equality was provided for. 

These provisions seek to remedy evils which existed 
under the Confederation. 

Clause 7. No money shall be drawn from the treasury but in 
consequence of appropriations made by law ; and a regular 
statement and account of the receipts and expenditures of all 
public money shall be published from time to time. 

Provision is here made for the use of government mon- 
eys. None can be drawn and used until it has been 
appropriated by Congress, and no money bill, as we have 
seen, can originate except in the House of Representa- 
tives. The chief responsibility, therefore, for the use of 
public money, rests on the House. That body, elected 
every two years, changes with public opinion. By this 
means, the people disburse, in as direct a manner as pos- 
sible, the money they have paid. 

In order that they may be acquainted with the income 
and expenses of the government, it is provided that a 
regular statement of receipts and expenditures shall be 
published. By this means it is intended to keep the 



136 THE CONSTITUTION. [Art. I, 

finances open to examination so that the people may know 
for what they pay their money and how it is used, and so 
that they may be able to call to account those legislators 
who appropriate it rashly. 

Nothing similar to this existed under the Confedera- 
tion, for that government had no means of its own ; the 
states furnished what little means it received. This clause 
is provided to meet the wants of a new government under 
a new constitution. 

Clause 8. No title of nobility shall be granted by the United 
States ; and no person holding any office of profit or trust un- 
der them shall, without the consent of the Congress, accept of any 
present, emolument, office, or title of any kind whatever, from 
any king, prince, or foreign state. 

The importance of this clause was considered very great 
at the adoption of the Constitution, and was indeed, one 
of the most popular ones. In the " Federalist," the pro- 
hibition of titles of nobility was called the '' corner- 
stone of republican government." 

This idea of their importance arose in the class dis- 
tinctions so broad and humiliating throughout Europe. 
It was reasoned that titles would tend to produce an 
aristocratic class; that wealthy and titled aristocrats would 
seek to control politics and secure all advantages, and 
that republican equality and simplicity would be impossi- 
ble. The government was therefore forbidden to grant 
any title of nobility. 

But the Constitution goes still further. It was not 
enough to provide that no citizen could obtain a title 
from the United States government ; no one in the 
employ of the United States was to be allowed to accept 
one from any foreign government ; nor could any such 
employee accept any j^resent, emolument or office of any 
kind whatever, from any foreign king, prince or state. 

This prohibition is not general in nature, but acts only 



Sec. X.] POWERS DENIED THE STATES. 137 

upon persons holding positions under the government. It 
would have been arbitrary and unnecessary to attempt to 
apply it to all citizens, because very few would be in such 
positions as to have gifts offered them by foreign powers. 
It was just and wise to apply it to officers of the govern- 
ment as a means of ensuring honesty and faithfulness. 
It has often happened that one government has had 
paid emissaries and spies in the service of other govern- 
ments, and has spent large sums in bribes to secure par- 
ticular legislation. 

To render such courses impossible the clause was made 
thus explicit. 

Section X. Powers denied to the States. 

Clause I. No state shall enter into any treaty, alliance, or con- 
federation ; grant letters of marque and reprisal ; coin money ; 
emit bills of credit ; make anything but gold and silver coin a 
tender in payment of debts ; pass any bill of attainder, ex-post- 
facto law, or law impairing the obligation of contracts ; or grant 
any title of nobility. 

This section contains three clauses denying to the states 
certain powers or the right to exercise certain powers. 
The necessity for the section arose from the relation of 
the states to the general government in 1787. A brief 
resume of the relations of the states to the general govern- 
ment will make the reason for this section clear. 

Until the revolution, the United States had possessed 
no general government. The Continental Congress which 
convened in 1774 and in the subsequent years was a 
purely revolutionary body, owing its existence to the peo- 
ple, and dependent on them for a ratification of all its 
acts. When it proposed the Declaration of Indepen- 
dence it also proposed a plan of union ; but the plan was 
not completed for one year, and did not go into operation 
till five years later. 

From 1774 to 1781 the revolutionary Congress (usually 



1 38 THE CONSTITUTION. [Art. I, 

called " Continental ") existed. It was not a general 
government and was wholly destitute of power. It acted 
in an advisatory capacity, and each state did what it could 
to carry on the war. The states came to rely upon them- 
selves, and to believe that all power emanated from them. 
At the same time, the pressure of war compelled them to 
respect the advice of the Congress and act upon it. They 
thus retained individuality while united by a common bond 
of interest. 

When, at last, the Articles of Confederation were 
agreed to in 1781, a general government was formed with 
sovereign powers. The states had generally respected 
the advice of Congress, and they felt the need of a gen- 
eral head. They, therefore, agreed upon a Congress to 
manage their common interests. 

Butwhile they made this Congress nominally sovereign, 
they gave it no means to execute its powers. They prac- 
tically retained the same relation to it that they had held 
to the Continental (revolutionary) Congress. They retained 
their " sovereignty," and all powers not specifically granted 
to the Confederation. In brief, they established a nom- 
inally sovereign government because they saw it was nec- 
essary ; but they retained to themselves the means by 
which sovereignty could be made real. The result was 
that the powers which are really sovereign and belong to 
a single government, were exercised, partly by the Con- 
federation and partly by the states. 

Affairs became more and more confused until it became 
uncertain what relations states should bear to the general 
government. Within the states the tendency was to as- 
sume increasing importance and to assert individ- 
ual sovereignty. It was claimed that an American 
" state " was the same in nature as an European " state ;" 
that is, that it was a sovereign nation. It was not remem- 
bered that the term " state," referring to a member 
of the American Union, had never borne the same sig- 



Sec. X.] STATES AND THE NATION. 139 

nificance as the same term applied to an European " state." 
A state proper is sovereign in all its relations, both as to 
internal control and foreign relations. A state of the 
American Union has no foreign relations. It is sovereign 
as to internal control ; but it cannot treat in any way with 
foreign powers, nor exercise any sovereign powers beyond 
those which relate to its local affairs. It is an integral 
part of the nation — a modified, not a true state. 

These facts were ignored by many ambitious persons 
who thought they could secure more rapid preferment in 
a state than in a nation, and by others who did not realize 
the necessity of a general government. 

The Confederation proved a failure and a Constitution 
was formed. Many of its specifications were made re- 
markably minute and specific, as has already been shown, 
in order that the nature of the general government might 
be past doubt. The chief powers which belonged to the 
nation were specified, and certain arbitrary powers, 
which no just government could exercise, were partic- 
ularly denied. 

In this section certain powers which are given the nation 
as a sovereign government are specifically denied to the 
states. This is done in order to show plainly the relations 
of the two ; to prove that the nation is sovereign in its 
attributes, and the states local in theirs. The Constitution 
aimed to be so clear as to remove the uncertainty which 
had existed concerning these relations. 

Of the nine provisions of this clause, three are powers 
already granted to the United States ; viz : — to make treat- 
ies ; grant letters of marque and reprisal, and coin money ; 
three are powers not particularly mentioned in the Con- 
stitution, but which appertain in general to sovereignty, 
viz : — to emit bills of credit ; make something other than 
coin legal tender, and pass laws impairing the obligations 
of contracts ; and three are powers denied also to the 
United States, because two of them are unjust, and the 



I40 THE CONSTITUTION. [Art. I, 

third prejudicial to republican institutions, viz : — to pass 
a bill of attainder ; an ex-pos,t'facto law, or grant a title of 
nobility. 

They are all denied to the states ; the first six, because 
they are sovereign powers and belong to the general 
government ; the last three, because they can not be ex- 
ercised without resulting injustice and injury. 

Clause 2. No state shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection laws : 
and the net produce of all duties and imposts laid by any state 
on imports or exports shall be for the use of the treasury of the 
United States ; and all such laws shall be subject to the revision 
and control of the Congress. 

As the right to lay duties and imposts rests with the 
general government, it is necessary to prevent the states 
from interfering by any duties they might lay. It is there- 
fore provided that none shall be laid by the states, except 
to enforce their inspection laws, without the assent of 
Congress. 

Inspection is necessary in order to secure a reasonable 
standard of excellence in goods offered for sale. The 
amount of duties which a state can independently collect 
is limited to what is required to maintain the efficacy of 
proper inspection. No other duties can be laid without 
the consent of Congress, which body, therefore, can secure 
uniformduties. 

When duties are laid with the consent of Congress, 
the net produce — what remains after expenses are paid 
— must be turned over to the United States treasury ; 
because duties can be laid only by the sovereign govern- 
ment for its own use. 

The clause was worded to give the states permission to 
lay duties, " with the consent of Congress," because they 
had exercised it under the Confederation, and to remove 
it wholly would have caused great discontent. The states 



Sec. X.] THE EXECUTIVE. 141 

are here allowed to retain the shadow of power, but its 
substance is lodged in Congress. 

Clause 3. No state shall, without the consent of Congress, 
lay any duty of tonnage, keep troops or ships of war in time of 
peace, enter into any agreement or compact with another state 
or with a foreign power, or engage in war, unless actually in- 
vaded, or in such imminent danger as will not admit of delays. 

Four restrictions are here specifically laid upon the 
states. The powers thus denied have already been 
granted to the nation, being attributes of sovereignty. 
Congress, under its power to lay taxes, can lay duties on 
tonnage (Sec. 8, Clause i) it can raise and support armies 
(Sec. 8, Clause 12); it can make treaties (Sec. 8, Clause 
3) and can declare war (Sec. 8, Clause 11). 

The conflicting powers of the old Confederation are to 
be removed by the Constitution. This clause is one of 
the many which clearly describes where power is located, 
and shows the supremacy of the nation. 

Article II. Executive Department. 
Section I. President and Vice-president. 

Clause I. The executive power shall be vested in a President 
of the United States of America. He shall hold his office dur- 
ing the term of four years, and, together with the Vice-presi- 
dent, chosen for the same term, be elected as follows : — 

The second article of the Constitution treats of the ex- 
ecutive department. The first article bore intimate rela- 
tion to the Articles of Confederation, because some of its 
provisions were similar, and others were directly contrary ; 
both having been made what they were chiefly because 
the corresponding provisions of the Articles had suc- 
ceeded or failed. 

The second article has no prototype in the Articles of 
Confederation, as that instrument provided for no ex- 
ecutive. The omission was not because such an officer 
was unnecessary ; but rather because the ambitions of the 



142 THE CONSTITUTION. [Art. II, 

states made them want no master ; because they feared 
tyranny from an executive head, and because an executive 
would have been useless in a government which had no 
means to enforce its laws, as was the case with the Confed- 
eration. The Constitution was fundamentally different from 
the Confederation in that it possessed the means to en- 
force its laws ; it required a capable executive head. 

The Constitutional Convention debated at length what 
should be the nature of the executive. Some thought 
that it should be plural, others that the power should be 
in the hands of but one. It was feared that a plural head 
would produce feebleness and indecision ; that a single 
head might usurp too much power. It was finally decided 
that the laws would be best executed by a single execu- 
tive whose powers should be limited and specific. 

The term of the executive's office was next considered. 
Hamilton thought that life tenure, or at least that of 
good behavior, would secure the greatest stability. This 
was not a popular suggestion, short periods being gener- 
ally preferred. Many favored seven years as a suitable 
time, with a prohibition of reelection. . A majority finally 
agreed that four years, the length of two houses of 
representatives, would be long enough, and that the in- 
cumbent should be liable to reelection. This term would 
show a president's quaHties ; if bad, he could be dropped ; 
if good, he could be again chosen. 

At first, no vice-president was provided for, and having 
none in mind, the Convention made no provision for any 
duty for such officer to perform, except to preside over 
the Senate. 

A great difference is thus made between the offices of 
president and vice-president ; the former is of the high- 
est importance and possesses great power ; the latter has 
but a single duty which is far from being conspicuous, 
and has little responsibility or honor. There is an abnor- 
mal difference between the two. In point of influence, 



Sec. I.] ELECTORAL COLLEGE. 



143 



and ability to accomplish any good, the vice-president 
falls below a member of the Cabinet or even a member of 
Congress. He is in no way connected with the president ; 
his advice is seldom requested ; he leads a lonely and 
separate political existence, unless he happens to be a 
warm personal or political friend of the president. Thus, 
the man who may, at any moment, succeed to the presi- 
dency, is shut out from a good knowledge of the presi- 
dent's course and policy. This provision is imperfect 
because the Constitutional Convention provided some- 
what hastily for a vice-president, and did not make his 
office as important as it should be in order to secure the 
best men for tlie position. 

Clause 2. Each State shall appoint in such manner as the Legis- 
lature thereof may direct, a number of electors equal to the 
whole number of Senators and Representatives to which the 
state may be entitled in the Congress ; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 

This clause, with the following one, determines the 
method by which the president shall be elected. 

After the Constitutional Convention had decided on 
the nature of the executive, they met another difficulty, 
almost equally great, in determining the method of elec- 
tion. It was debated at length who would constitute the 
best judges of the fitness of a candidate for the presi- 
dency. The two plans proposed were for election 
directly by the people, or by a select body chosen by the 
people ; this body to be either Congress or delegates 
chosen by the people for the express purpose. 

It was generally questioned in the Constitutional Con- 
vention whether so large and scattered a body as that 
which the entire people constituted could be the best 
judge of a candidate's qualifications ; but it was believed 
that the people could select men whom they knew, and 
who could form the best judgments. It was therefore de- 



144 THE CONSTITUTION. [Art. II, 

cided to leave the election of a president to a body chosen 
by the people. 

It was then debated whether Congress could ad- 
vantageously perform the duty, or whether a body should 
be chosen for the purpose alone. It was urged that a 
president elected by Congress would be too dependent 
on it, and would be too liable to seek to please it in order 
to secure reelection. The danger of intrigue for election 
would be greater, also, in a permanent body, like Congress, 
than in a transient one chosen for a single purpose, and 
offering fewer opportunities for approach. It was, there- 
fore, decided to have the president chosen by special 
electors. 

The question of the number of the electors next arose. 
In the Confederation the states had possessed equal voice 
on all subjects. Under the Constitution one house of 
Congress was purely republican ; the other was federal in 
form but republican in methods. This partial combina- 
tion of two systems was due to a necessary deference to 
existing state sovereignty ideas. It was found necessary 
to use again the same combination in forming the electoral 
body. The republican element was to predominate, each 
state having as many electors as it had representatives — • 
a number based on its population. But to the number of 
representatives, two were to be added for each state — the 
same number that each state had senators. The total 
number of electors from each state was exactly the same 
as the number of its representatives plus the number of 
its senators. The number of its representatives and 
senators had been determined on as has been explained. 
It seemed perfectly fair to give each state exactly the same 
influence in choosmg the president that it had in legisla- 
tion. The number was consequently fixed as above given. 

No person holding office under the United States could 
be an elector, because all members of the Electoral Col- 
lege must be free from any connection with the govern- 



Sec. I.] ELECTORAL COLLEGE. 145 

ment in order to be entirely free from any influence by it. 
It was intended to secure unprejudiced and competent 
men, who would select the best man in the country, free 
from any outside influence or suggestions. No proposi- 
tions or previous nominations were expected. The elec- 
toral college was to act free from all bias, and so accom- 
plish the best results. 

The electors are to be appointed in each state as its leg- 
islature decides, such minor points being left to the dis- 
cretion of the state as with Other elections. 

Clause 3. The Electors shall meet in their respective States, 
and vote by ballot for two persons, of whom one at least shall 
not be an inhabitant of the same State with themselves. And 
they shall make a Hst of all the persons voted for, and of the 
number of votes for each, which list they shall sign and certify, 
and transmit sealed to the seat of the government of the United 
States, directed to the President of the Senate. The President 
of the Senate shall, in the presence of the Senate and the House 
of Representatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest number of 
votes shall be the President, if such number be a majority of 
the whole number of Electors appointed ; and if there be more 
than one who have such a majority, and have an equal number 
of votes, then the House of Representatives shall immediately 
choose by ballot one of them for President ; and if no person 
have a majority, then from the five highest on the list, the said 
House shall in like manner choose the President. But in choos- 
ing the President, the votes shall be taken by States, the repre- 
sentation from each State having one vote. A quorum for this 
purpose shall consist of a member or members from two-thirds 
of the States, and a majority of all the States shall be necessary 
to a choice. In every case, after the choice of the President, the 
person having the greatest number of votes of the Electors shall 
be the Vice-President. But if there should remain two or more 
who have equal votes, the Senate shall choose from them by 
ballot the Vice-President. 

[This clause has been superseded by the 12th amendment to 
the Constitution, which is given in its proper place. It must 
not, however, be overlooked because it is no longer in force. It 
is important historically, both because of the influences which 
caused its formation, and because of the effect it had in causing 
certain changes.] 

7 



146 THE CONSTITUTION. [Art. II, 

The manner in which the electors choose the president 
is explained in this clause. The Electoral College is not 
compelled to meet as a single body ; such a course would 
be troublesome, useless and expensive. The electors at- 
tain the same ends by meeting in the states in which they 
are chosen and sending a statement of their votes to the 
officer of the government who counts them. 

It is provided that both candidates cannot be from the 
same state. In 1787 so much state jealousy existed that 
this was necessary, in order >to assure the states that no 
one of them should acquire particular influence by having 
both president and vice-president. 

The votes of the electors are sent to the president of 
the Senate as the most suitable person to announce the 
result. He opens the certificates in the presence of Con- 
gress, that all the representatives of the people may wit- 
ness so important an act. The votes are then counted ; 
but whether by the president of the Senate, or by Con- 
gress is not stated. 

In the ballots the two candidates are not specifically 
designated to be president or vice-president ; two names 
are simply given. The person Avho has the largest number 
of votes, if such number be a majority, and if he is not 
tied, becomes president. If, however, there is a tie, the 
tied persons having a majority, the House of Represen- 
tatives must choose at once between them and, in so do- 
ing, must vote by states. 

It was supposed that the people, through the Electoral 
College, have selected two men between whom they have 
no choice for president or vice-president. It is, therefore, 
useless to refer the election to the House to vote in its 
ordinary manner. But if it is referred to the House, and 
that body votes according to states, the opinion of the 
states is added to the opinion of the people and a choice 
is made. 

In case no candidate receives a majority, the House 



Sec. L] choice OF ELECTORS. 147 

chooses, in the same manner, the president, from the five 
candidates having the most votes. The people in this 
case, have named their preferences, but have not chosen ; 
the states choose from among those the people have in- 
dicated. 

In every case the person having next to the highest 
number of votes becomes vice-president ; but if two per- 
sons have the same number, and that number is next to 
the president, then the Senate chooses the vice-president 
from them. 

This choice devolves upon the Senate and not the 
House, as the officer to be chosen is to preside over the 
Senate, and it would be an insult to that body to have the 
lower house of Congress choose its president. 

Clause 4. The Congress may determine the time of choosing 
the electors, and the day on which they shall give their votes, 
which day shall be the same throughout the United States. 

Congress is here given power to appoint a time when 
electors shall be chosen throughout the Union, and also 
the day on which they shall vote for president, and it is 
provided that the day shall be the same in all states. 

It is necessary for Congress to have this power in 
order that uniform elections may be held, and that the 
states may be compelled to act in common in a measure 
which concerns them all. If Congress did not have it, 
the states could hold the election when they chose ; the 
electors could meet at their convenience and it would be 
impossible to say when an election took place. 

Clause 5. No person except a natural born citizen, or a citizen of 
the United States, at the time of the adoption of this Constitu- 
tion, shall be eligible to the office of President ; neither shall 
any person be eligible to that office who shall not have attained 
to the age of thirty-five years, and been fourteen years a 
resident within the United States. 

Several limitations guard the presidency more than 



148 THE CONSTITUTION. [Art. II. 

any other office in the union ; and justly ; because it far 
exceeds all others in importance and honor. 

The chief executive of the United States must be a 
natural born citizen — with a single exception. This ex- 
ception applied only to foreigners who lived in the United 
States when the Constitution was adopted (1789). A 
foreigner who was a citizen at that time, was, if he had 
been fourteen years a resident of the United States, 
eligible to the presidency. After all foreigners who 
were citizens in 1789 had died, no foreign born person 
could become president. The exception in their favor 
was due to the great services which some of them had 
rendered to the country. The fourteen years' part of 
this clause refers only to them. 

The requirement of a natural born citizen is that he 
must be 35 years old, five more than are required for a 
Senator, and ten more than for a Representative. It may 
often happen that a young man of promise may be elected 
to a popular body like the House : older and more ex- 
perienced men are almost always selected for a body like 
the Senate, and few men under 50 are chosen for such an 
office as the presidency. The limits of the Constitution 
are set low, and could have been higher without any injus- 
tice. 

Clause 6. In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the Vice- 
president, and the Congress may by law provide for the case of 
removal, death, resignation, or inability, both of the President 
and Vice-president, declaring what officer shall then act as 
President, and such officer shall act accordingly, until the disa- 
bility be removed, or a President shall be elected. 

In England, where succession to the throne is heredi- 
tary, the heir acquires power by the death of the King or 
Queen ; the throne is never vacant ; a chief executive 
always exists. This condition gives force to the accepted 
maxim that " the king never dies." 



Sec. T.] the PRESIDENT. 149 

The Constitutional Convention recognized the necessity 
of having an executive always at the head of the govern- 
ment, and provided for a vice-president. His only duty 
is to preside over the Senate ; but he must be prepared 
to take the oath of office as president in case of the inca- 
pacity of the president from any cause. 

The Constitution is not precise in its statement in this 
clause, and Congress is left to decide what constitutes ina- 
bility in a president, and to provide for all cases which 
may arise. A president may, from sickness or injury, be 
unable to perform his duties for a long period. Public 
business must go on. It devolves upon Congress to de- 
clare how long the president must be incapacitated before 
the vice-president btgins to perform his duties, and what 
must be the condition of the president in order to have 
the vice-president relinquish them. 

If both president and vice-president be incapacitated. 
Congress must also declare who shall act as president, 
until one of them be able to act, or a president is elected. 

It was thought better to leave the decision of these 
points to Congress than to provide for them in the Con- 
stitution, as the government was to be organized by 
Congress, and more suitable persons could be chosen 
after that was done than before it was known what offices 
would exist. 

Clause 7. The President shall, at stated times, receive for his 
service a compensation, which shall neither be increased nor 
diminished during the period for which he shall have been elected ; 
and he shall not receive within that period any other emolument 
from the United States, or any of them. 

It is here provided that the president shall receive a 
suitable compensation for his services. The amount is 
left to be declared by law, since circumstances and tradi- 
tions vary so much that it would be unjust to fix an arbi- 
trary sum in the Constitution. 

The salary fixed upon cannot be altered during the 



150 THE CONSTITUTION. [Art. II, 

four years for which the president is chosen. Congress is 
restrained, by this provision, from threats to reduce a 
president's income, and so influence his course ; and 
from actually reducing it on personal or political 
grounds. The Constitution intends to place the president 
beyond the reach of financial influence and free from 
congressional interference. To make his freedom from 
influences complete, he is further prohibited from receiv- 
ing any emolument from the United States or from any 
individual state. 

Clause 8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will, to the best 
of my ability, preserve, protect, and defend the Constitution of 
the United States," 

The presidency is not surrounded by any harsh limita- 
tions or difficult conditions. Any natural born citizen, 
35 years of age, is eligible. When elected, he is only 
obliged to swear, or affirm, that he will perform his duties 
faithfully, and defend the Constitution to the best of his 
ability. 

Section II. Powers of the President. 

Clause I. The President shall be commander-in-chief of the 
army and navy of the United States and of the militia of the 
several states, when called into the actual service of the United 
States ; he may require the opinion in writing of the principal 
officer in each of the executive departments, upon any subject 
relating to the duties of their respective offices ; and he shall 
have power to grant reprieves and pardons for offenses against 
the United States, except in cases of impeachment. 

This clause describes some of the powers vested in the 
president and contains several unconnected parts. 

The first part of the clause gives the president the com- 
mand of the army and navy, thus making him the mili- 
tary as well as the civil head of the United States. This 



Sec. II.] THE PRESIDENT. 151 

measure gives vigor to the government and unity of 
action to the army. It makes it possible for the president 
to execute the laws if the courts fail, and makes the gov- 
ernment self-sustaining. In case of war a single head 
directs and controls the operation of all forces. 

The second part of the clause refers to " executive 
departments " which are not established by the Constitu- 
tion, but by Congress. The heads of these departments 
are the advisors of the president on subjects of importance, 
and are obliged to furnish written opinions on subjects 
relating to their respective offices, if desired by him, in 
order that he may be able to judge understandingly of any 
proposed course. 

The third part of the clause gives a power which, 
according to custom, lodges in the chief executive of a 
state. It covers all offenses except impeachments. They 
are omitted, because they are ordinarily found only against 
prominent officers of the government for good cause, and 
the president must not be allowed to prevent their pun- 
ishment for offenses, the difficulty of carrying an im- 
peachment being generally- so great that there is little 
danger of convicting an innocent person. 

Clause 2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two-thirds of 
the senators present concur ; and he shall nominate, and by and 
with the advice and consent of the Senate shall appoint ambas- 
sadors, other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose ap- 
pointments are not herein otherwise provided for, and which 
shall be established by law ; but the Congress may by law vest 
the appointment of such inferior officers as they think proper in 
the President alone, in the courts of law, or in the heads of 
departments. 

Further powers granted to the president are here de- 
scribed ; but those here enumerated can only be exercised 
in conjunction with the Senate, since they are too impor- 
tant to be vested in a single person. 



1^2 THE CONSTITUTION. [Art. II, 

The treaty making power is best exercised by the pres- 
ident ; because, as the chief executive, he is best fitted to 
negotiate with other nations. But the treaty must be 
ratified by the Senate before it becomes valid, that the 
judgment of the people's most experienced representa- 
tives may be given before it becomes law. All foreign 
officers, and officers of the United States whose appoint- 
ments are not provided for, are to be appointed in the 
same manner, unless Congress makes a choice for the ap- 
pointment of inferior officers, vesting them only with the 
president, the heads of departments, or courts of law. 

Appointments are generally left to the president in 
order that he may hold directly responsible those whose 
duties are to assist him in executing the laws. The con- 
sent of the Senate is required for the more important 
appointments, in order to insure suitable selections. Con- 
gress is authorized to fix the source of appointment of 
inferior officers, in order that the president may be relieved 
of unnecessary duties, or the departments have the choice 
of their own assistants. 

Clause 3. The President shall have power to fill up all 
vacancies that may happen during the recess of the Senate, by 
granting commissions, which shall expire at the end of their next 
session. 

This provision is made in order that vacancies may not 
continue, as would be the case if the president could 
never act alone. If no vacancy could be filled without 
the Senate's consent, one which occurred when the Senate 
was not sitting would remain open and might cause great 
detriment to the public service. In such a case the 
president makes an appointment to last until the close of 
the Senate's next session. 

A vacancy may continue through the refusal or neglect 
of the Senate to confirm a nomination of the president. 
In such a case the president will make an appointment at 
the close of the session. He can, if he choose, appoint a 



Sec. III.] THE PRESIDENT. 153 

person rejected by the Senate ; but this event will only 
occur when there is strong antagonism between the execu- 
tive and that body. 

Section III. Duties of the President. 

He shall, from time to time, give to the Congress information 
of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient ; he 
may, on extraordinary occasions, convene both houses, or either 
of them ; and in case of disagreement between them, with re- 
spect to the time of adjournment, he may adjourn them to such 
time as he shall think proper ; he shall receive ambassadors and 
other public ministers ; he shall tal^e care that the laws be 
faithfully executed, and shall commission all the officers of the 
United States. 

It is here made the duty of the president to convey fre- 
quently to Congress information on the state of the Union, 
together with suggestions and recommendations as to 
legislation. It may be done in such manner as seems 
fittest to the president, and will ordinarily be by address 
or message. Facts and suggestions are to emanate from 
the president ; the representatives of the people are to act 
upon them. 

If an emergency arises in which congressional action is 
required, or if the Senate is needed to act upon a treaty 
or nomination, the president can convene them. This, 
and the remaining powers specified in this clause, are 
such as pertain to the chief executive of a nation. They 
are particularly mentioned because the Confederation had 
possessed no executive, and it was necessary to make 
clear the rights and duties of a new office. 



't3' 



Section IV. Impeachment of the President. 

The President, Vice-president, and all civil ofificers of the 
United States, shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high crimes and 
misdemeanors. 

Those ofificers of the government who are liable to im- 



154 THE CONST! TUriON. [Art. Ill, 

peachment are here described, and the causes for which 
they may be impeached are enumerated. 

Impeachment under the Constitution is a trial before 
the Senate on charges preferred by the House. These 
charges can be based only on treason, bribery or other 
high crimes- Judgment can only extend to removal from 
office and disqualification to hold office under the United 
States. But if the conviction is for an offense recogniz- 
able at law, the offender can afterwards be tried and pun- 
ished according to law. 

The United States thus punishes only for offenses 
against itself — the offense and punishment are both 
political. But if the offense be civil as well, the law 
metes out punishment for that. 

ARTICLE III. Judicial Department. 
Section I. United States Courts. 

The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as Congress may 
from time to time ordain and establish. The judges, both of 
the supreme and inferior courts, shall hold their offices during 
good behavior ; and shall, at stated times, receive for their 
services a compensation, which shall not be diminished during 
their continuance in office. 

No judicial department existed under the Confedera- 
tion. Prize courts to decide on captures, existed in time 
of war ; but there was no judiciary proper. One was 
hardly required in a federal union in which the states 
assumed the right to decide all questions. 

The government of the Constitution, being national, 
required three distinct departments ; — the legislature to 
frame laws ; the executive, to execute them ; and the 
judiciary to interpret and apply them in case of doubt. 

These departments are independent of one another so 
long as they are true to their duties. In the cases speci- 
fied by the Constitution the executive and judges are lia- 
ble to impeachment by Congress. Every two years 



Sec. II.] THE JUDICIARY, 155 

members of Congress are answerable to the people in a 
new election. The independence of the three departments 
of each other renders each responsible to the Constitution 
and to the people. 

In the Confederation, each state judged of its relations 
to the federal union, which was wholly powerless to sus- 
tain itself. The Constitution, on the contrary, gives the 
nation power to enforce its laws and provides for a judi- 
ciary to interpret them. The Supreme Court, here estab- 
lished, is the highest tribunal of the land, and from it 
there is no appeal. To aid it in its duties. Congress is 
authorized to establish such lesser courts as may be 
required to transact business. 

Judges hold their offices during good behavior, because 
their duties are removed from political contests, and the 
experieiice and knowledge gained by long terms is of the 
highest value. 

Their salaries can not be diminished while in office, in 
order that they may be free from all influence which 
might tend to affect their work. Being assured of a 
respectable competence, they can have no reason for not 
performing their duties. 

Section II. 

Clause I. The judicial power shall extend to all cases in law 
and equity arising under this Constitution, the laws of the 
United States, and treaties made, or which shall be made, under 
their authority ; to all cases affecting ambassadors, other public 
ministers, and consuls ; to all cases of admiralty and maritime 
jurisdiction ; to controversies to which the United States shall 
be a party ; to controversies between two or more states ; 
between a State and citizens of another State ; between citizens 
of different States ; between citizens of the same State claiming 
lands under grants of different States ; and between a State, or 
the citizens thereof, and foreign states, citizens, or subjects. 

The cases over which the national judiciary shall have 
control are here described. They are of two classes. 
First ; Cases directly affecting the United States as a 



156 THE CONSTITUTION. [Art. Ill, 

nation. These refer to interpretation of the laws of Con- 
gress ; to treaties ; to public offices ; to foreign ministers, 
and controversies to which the nation is a party. 

Second : Cases in which different states or citizens of 
different states are concerned. This prevents a state 
court from taking cognizance of cases in which the state, or 
citizens thereof, are at issue with another state or citizens 
thereof. It is presumed that state courts would be more 
or less prejudiced in favor of their own state and its 
citizens ; and hence such cases are removed to the United 
States courts which will be free from bias. 

Clause 2. In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State shall be a 
party, the Supreme Court shall have original jurisdiction. In 
all the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with such 
exceptions and under such regulations as the Congress shall 
make. 

The Supreme Court is the only one established directly 
by the Constitution. Its right to original jurisdiction, 
that is, to have questions brought before it without having 
been before any inferior court, extends to but a few 
specified cases. They are described in the first part of 
this clause, and are such as directly affect the United 
States in its relations with other nations, or where the 
states are concerned. This restriction of the number of 
cases is designed to bring before the Supreme Court the 
most important questions only. 

There are, however, many other cases in which it has 
appellate jurisdiction ; that is, when cases are appealed to 
it after having been decided in an inferior court. 

An indefinite number of cases may thus come before 
the Supreme Court. In order that they may be restricted 
to the more important ones Congress is to make excep- 
tions, and to prescribe regulations. If this was not done 
the Supreme Court would soon find far more work on its 
hands than it could do, 



Sec. III.] THE J UDICIA RY. 157 

Clause 3. The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the State where 
the said crimes shall have been committed ; but, when not 
committed within any State, the trial shall be at such place or 
places as the Congress may by law have directed. 

The provisions of this clause are based upon English 
customs. In England, trial by jury was established at a 
very early date, and was cherished as a safeguard of 
freedom, and a principle of the unwritten Constitution. 
The great principles of English constitutional liberty 
were firmly implanted in this country. Trial by jury 
was held as sacred here as in England ; it was therefore 
established in the organic law of the nation. As the 
method of impeachment is elsewhere provided for, trial 
by jury does not extend to it. 

It was also a fundamental English principle that trials 
should take place where the crime was committed in 
order that the defendant might have any advantage aris- 
ing from the testimony of those who knew him. This prin- 
ciple is adopted in the provision that trials shall be held 
in the states in which the crimes are committed. 

The exceptional case of a crime committed without a 
state and yet within the jurisdiction of the United States 
is provided for by the provision that for such cases Con- 
gress may make provision by law. 

Section III. 

Claiise I. Treason against the United States, shall con- 
sist only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be 
convicted of treason unless on the testimony of two witnesses 
to the same overt act, or on confession in open court. 

The highest crime against society is the attempt- to de- 
stroy a well regulated government and this, in general, 
constitutes treason. In most countries many offenses 
have been comprehended under the name to serve polit- 
ical ends, The Constitutional Convention determined 



158 THE CONSTITUTION. [Art. IV, 

that this should be made impossible here and therefore 
defined treason, limiting it to the three cases described. 

Conviction for treason can only take place under the 
circumstances described. 

Clause 2. The Congress shall have power to declare the punish- 
ment of treason, but no attainder of treason shall work cor- 
ruption of blood, or forfeiture except during the Hfe of the 
person attainted. 

The nature of treason is defined in the previous clause, 
and Congress is here given power with slight modifications 
to declare its punishment. 

In Article I, Section 9, Clause 3, Congress was f jrbidden 
to pass a bill of attainder. In English law a bill of at- 
tainder destroyed the civil as well as the political rights 
of the person attainted, and the penalty descended from 
him. We prohibit the passage of any bill of attainder, or 
any attainder of treason, except to punish the convicted 
party. Even then it affects only himself and ceases at 
his death. 



ARTICLE IV. 

Section I. 

Full faith and credit shall be given in each State to the pub- 
lic acts, records, and judicial proceedings of every other State. 
And the Congress may by general laws prescribe the manner in 
which such acts, records and proceedings shall be proved, and 
the effect thereof. 

This clause compels each state to give the other states 
that credit which they respectively give to their own acts. 
Did one state fail lo give the other states full credit for 
its acts and judicial proceedings, justice could not be 
uniformly administered throughout the United States. To 
secure a common method of proof Congress has power to 
legislate on the subject and make a general law. 



Sec. II.] SLAVERY. 159 

Section II. 

Clause I. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

This clause practically asserts the nationality of the 
Union. Through it the general government protects each 
citizen, guaranteeing to him full rights in every state. 

Under the Confederation the states discriminated in 
favor of their own citizens. As a republic could not ex- 
ist without securing equality, this provision found place 
in the organic law of the land. 

Clause 2. A person charged in any state with treason, felony, 
or other crime, who shall flee from justice, and be found in 
another state, shall, on demand of the executive authority of the 
state from which he fled, be delivered up, to be removed to the 
state having jurisdiction of the crime. 

The states are limited in jurisdiction and local in char- 
acter. If a criminal passes the limits of a state, that state 
loses all control over him. But the Constitution steps 
in here, and compels the governor of the state to which 
he has fled to deliver him up on the requisition of the gov- 
ernor of the state in which the crime was committed. 
This provision of the Constitution is necessary in order 
to make easy the capture and punishment of criminals. 

Clause 3. No person held to service or labor in one state, 
under the laws thereof, escaping into another, shall in conse- 
quence of any law or regulation therein, be discharged from 
such service or labor, but shall be delivered up on claim of the 
party to whom such service or labor may be due. 

The states, under the Confederation, enforced such laws 
as they pleased to make, because the people had not then 
established a general constitution as the organic law of 
the land. Under the Constitution, the country is regarded 
as one nation, and obligation is laid on each state to treat 
every other state as an equal part of the same nation. In 
the previous clause governors are, in accordance with this 



i6o THE CONSTITUTION. [Art. IV, 

idea, compelled to surrender criminals, and by this one, 
"persons held to service or labor " are to be surrendered. 

" Persons held to service or labor " are chiefly slaves. 
The Constitution's first compromise with slavery gave the 
south the right to count three-fifths of its slaves in the 
enumeration made for the apportionment of congressmen. 
The second compromise provided that the importation of 
slaves should. not be stopped for twenty years. The 
third, contained in this clause, compels the return of 
escaped slaves to their owners. 

Though the word slavery is not used in any one of 
these cases, the institution receives apparent constitutional 
sanction by them. The Constitutional Convention could 
not avoid this. The south would never have agreed to 
the Constitution had not these clauses been inserted. It 
was thought better to insert them and secure a Constitu- 
tion, than refuse them, and leave the country to the ruin 
and poverty into which it was drifting. 

Section III. New States and Territories. 

Clause I. New states may be admitted by the Congress into 
this Union ; but no new state shall be formed or erected within 
the jurisdiction of any other state ; nor any state be formed by 
the junction of two or more states, or parts of states, without 
the consent of the Legislatures of the states concerned, as well 
as of the Congress. 

The power here given to Congress to admit states is of 
a general nature and does not specify any source from 
which the territory of the new state must be formed ; 
nothing is said concerning purchase, annexation or any 
other mode — there is no restriction and, consequently, no 
limit to the power. 

But though there is no restriction concerning the for- 
mation of states from new territory, no new state can be 
formed from already existing states except in the manner 
provided in the latter part of the clause. If such could 
be formed without the consent of the states concerned 



Sec. IV.] GENERAL PROVISIONS. i6i 

Congress could, at will, dismember a state. This arbi- 
trary power is denied. 

Clause 2. The Congress shall have power to dispose of, and 
make all needful rules and regulations respecting the territory 
or other property belonging to the United States ; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States or of any particular state. 

Before the adoption of the Constitution, the states had 
generally ceded to the Union their claims to western 
territory, and Congress had, in 1787, passed the famous 
Ordinance for the Government of the Northwest.. The 
passage of the act presumed the right of Congress to 
legislate for all territory belonging to the Union. This 
being allowed under the Confederation, it would seem 
unnecessary to specify the power under the national gov- 
ernment of the Constitution, but it was thought best to 
place it beyond dispute. 

As the rights to western territory were not fully settled, 
the second clause was inserted to prevent any misconcep- 
tion which might arise from the adoption of the Consti- 
tution. 

Section IV. Guarantee to the States. 

The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect each 
of them against invasion ; and, on application of the Legislature, 
or of the executive (when the Legislature cannot be convened), 
against domestic violence. 

The national government possesses ample strength to 
protect itself. It is here provided that its protection 
shall extend to the state governments. The Shays 
Rebellion in Massachusetts in 1787 had shown how little 
effective power the states had at their command. Under 
the Constitution, the general government was strong and 
was to ensure the preservation of the states. 



t62 the constitution. [Art. V. 

ARTICLE V. Power of Amendment. 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Constitu- 
tion, or, on the application of the Legislatures of two-thirds of 
the several states, shall call a convention for proposing amend- 
ments, which, in either case, shall be valid to all intents and 
purposes, as part of this Constitution, when ratified by the Leg- 
islatures of three-fourths of the several states, or by conventions 
in three-fourths thereof, as the one or the other mode of ratifi- 
cation may be proposed by Congress ; provided, that no amend- 
ment which may be made prior to the year one thousand eight 
hundred and eight shall in any manner affect the first and fourth 
clauses in the ninth section of the first Article ; and that no 
state, without its consent, shall be deprived of its equal suffrage 
in the Senate. 

A great element of danger is inherent in written con- 
stitutions, viz., their arbitrariness. That is, a constitution 
is formed and adopted intended for the present time. 
The near future invariably shows that it is incomplete 
and must be changed. Change is generally so difficult 
that a constitution is repudiated and a new one formed. 
Change succeeds change until anarchy and despotism 
follow. 

The Constitutional Convention endeavored to make 
our Constitution as complete as possible and succeeded in 
an unparalleled degree ; but they knew that something 
would necessarily be omitted, and so made it elastic by 
providing for a judicious system of amendment. A consti- 
tution which can be too readily changed does not command 
respect. One which cannot be altered will soon be wholly 
superseded. The mean between these two extremes is 
all important, and the Convention sought to secure it. 
Two methods of amendment are therefore allowed. In 
both of them reasonable unanimity is required, while 
unanimous consent is not necessary. True conservatism 
and liberality are blended. An amendment once ratified 
is, in effect, part of the Constitution. 

There are two exceptions to the power of amendment. 



Art. VI.] GENERAL PROVISIONS. 163 

The first relates to slavery. As the Constitution had 
already provided that the slave trade should not be pro- 
hibited before i8c8, no amendment could be made to 
affect it. The force of this clause ceased at 1808. 

The second is the only clause of the Constitution 
which cannot be modified. By providing for the per- 
petually equal representation of states in the Senate it 
was sought to establish the equality of the states as local 
governments and to maintain the peculiar balance of 
power which exists in our government. 

ARTICLE VI. Public Debt, Supremacy of the Consti- 
tution, Oath of Office, Religious Test, 

Clause I. All debts contracted and engagements entered into 
before the adoption of this Constitution, shall be as valid against 
the United States under this Constitution as under the Confed- 
eration. 

The responsibility of the United States for the then exist- 
ing debts of the country is here declared. New govern- 
ments often repudiate the debts of their predecessors ; 
but the moral obligation is here recognized as well as the 
fact that the Constitution only gave another form to the 
same government which had existed since 1774. 

Clause 2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the United 
States, shall be the supreme law of the land ; and the judges in 
every state shall be bound thereby, any thing in the Constitu- 
tion or laws of any state to the contrary notwithstanding. 

The sovereignty of the nation within the limits of the 
Constitution and all rights following from it, is here 
declared. Every state is bound by it, irrespective of 
state statutes. The people formed the nation and 
made it supreme. They formed the states also, but for 
local purposes. If through any inadvertence, a provision 
is made in a state constitution contrary to the laws of 



164 THE CONSTITUTION. [Art. VII. 

the United States, it is null and void. All must yield to 
the organic law. 

Clause 3. The senators and representatives before mentioned, 
and the members of the several State Legislatures, and all ex- 
ecutive and judicial officers, both of the United States and of 
the several States, shall be bound by oath or affirmation to 
support this Constitution ; but no religious test shall ever be 
required as a qualification to any office or public trust under 
the United States. 

It is only natural that the officers of a government 
shall be solemnly pledged to its support ; therefore an 
oath or affirmation is required of all officers of the gen- 
eral government. The Constitution goes still further and 
demands the same allegiance from officers of the several 
state governments. It views the states as local divisions 
of the nation, and their officers as owing direct allegiance 
to it. 

It being intended that perfect freedom of opinion and 
action should exist in the United States, the organic law 
forbids any religious test as a qualification for office. 

ARTICLE VII. 

The ratification of the conventions of nine States shall be suf- 
ficient for the establishment of this Constitution between the 
States so ratifying the same. 

Having completed the Constitution, the Constitu- 
tional Convention was obliged to provide for its ratifica- 
tion. The Confederation had only gone into operation 
after every state had ratifiied it, and this fact had kept the 
country for two years without any responsible head. It 
was thought that the Constitution should go into opera- 
tion as soon as a reasonable number of states ratified. If 
it worked well the others would follow. Consequently 
the provision of this clause was made. Many evils would 
have followed the adoption by any number of states less 
than the whole. But it was foreseen that their ties were so 



Art. I, II.] AMENDMENTS. 165 

strong that if nine states ratified the others would follow. 
Hence, the provision was judicious and wise. 

AMENDMENTS TO THE CONSTITUTION. 
Article I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof ; or abridging the 
freedom of speech, or of the press ; or the right of the people 
peaceably to assemble, and to petition the Government tor a 
redress of grievances. 

When the Constitution was acted on by the state con- 
ventions, five of them proposed amendments. These 
amendments did not contemplate a change in the gov- 
ernment formed by the Constitution but constituted a 
bill of rights. The Constitutional Convention had not 
considered it necessary to include a specific bill of rights 
in the Constitution because its republican nature essen- 
tially covered the ground. But the people at large had 
great regard for the Magna Charta and bills of rights ; 
hence when amendments were proposed in the first Con- 
gress, they were adopted, and became an integral part of the 
Constitution. 

The first amendment declares that the people possess 
rights which evidently could not be denied them under 
a free government. By inserting them in the Constitution 
they are placed beyond cavil and dispute 

Article II. 

A well regulated militia, being necessary to the security of a 
free State, the right of the people to keep and bear arms, shall 
not be infringed. 

The exercise of the right to keep and bear arms teaches 
the people how to protect themselves and makes them in- 
dependent, and makes possible a serviceable militia. It 
thus becomes important, and is here established. 



1 66 THE CONSTITUTION. [Art. III-V. 

Article III. Quartermg Soldiers on Citizeiis. 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner ; nor in time of war, but in a 
manner to be prescribed by law. 

This clause prevents despotic exercise of power. A 
'necessity for it was felt, because of England's course in 
so doing. It was determined to prevent it under our 
government. 

Article IV. Search Warrants. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated ; and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particu- 
larly describing the place to be searched, and the person or things 
to be seized. 

This clause aims to secure the privacy and protection 
of all citizens. It prevents arbitrary search and seizure 
and makes good cause necessary in order to invade any 
person's private rights. 

Article V. Trial for Crime, etc. 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, or 
in the militia when in active service in time of war or public dan- 
ger ; nor shall any person be subject for the same offense to be 
twice put in jeopardy of hfe or limb ; nor shall be compelled, in 
any criminal case, to be a witness against himself ; nor be de- 
prived of life, liberty, or property, without due process of law ; 
nor shall private property be taken for public use without just 
compensation. 

This amendment and the two following ones are addi- 
tions to Article III, which treats of the judiciary. 

In time of peace, good evidence of a person's guilt 
must be submitted to a grand jury which must find the 
evidence true before a trial can take place. In the army, 
however, and when martial law may exist, jury trial is not 



Art. VI-VII.] AMENDMENTS. 1 67 

allowed because the existing danger demands more rapid 
measures. 

The ancient custom of compelling persons to criminate 
themselves is prohibited ; the taking of private property 
for public use without returning a fair equivalent is for- 
bidden. 

Article VI. Rights of Accused Persons. 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and pubHc trial, by an impartial jury of the state 
and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory 
process for obtaining witnesses in his favor ; and to have the 
assistance of counsel for his defense. 

The law holds a prisoner innocent till proved guilty. 
He is provided with counsel and witnesses at the expense 
of the state, if he cannot furnish them, and the burden 
of proof rests with the government. The trial must be in 
the state and district in which the crime was committed 
in order to secure easily plenty of witnesses and a fair 
trial. These are all modern humane institutions. There 
was a time when the prisoner had no witness and counsel, 
and was forced to commit himself. 

Article VII. Suits at Common Law. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserv- 
ed ; and no fact tried by a jury shall be otherwise re-examined 
in any court of the United States than according to the rules of 
the common law. 

This clause further establishes the rights of the people. 
The common law had grown slowly with the English peo- 
ple until it had become that body of usages and privi- 
leges which guaranteed their rights. Trial by jury was an 
inseparable part of it, and is here provided for even in 
trivial cases. 



1 68 THE CONSTITUTION. [Art. VIII-X. 

Article VIII. Excessive Bail. 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishment inflicted. 

That freedom might be maintained and liberty secured 
all punishments of an exceptional character are forbidden. 
Bail must be reasonable ; because if too great for the per- 
son to furnish, it would be equivalent to punishment be- 
fore trial. When convicted, the punishment must be only- 
such as is usual and just. 



Article IX. 

The enumeration in the Constitution of certain rights shall 
not be construed to deny or disparage others retained by the 
people. 

This amendment shows how strong w"as the idea of the 
efficacy of a bill of rights. Though it was believed that all 
power emanates from the people and that the government 
is their servant, the old condition in England in which 
rights were wrung from kings by slow degrees, had such 
power over them that they insisted on a bill of rights. 
This clause was to establish their rights and to restrict 
the government to its constitutional powers. 

Article X. 

The powers not granted to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to the 
states respectively or to the people. 

This amendment continues the sense of the previous 
one ; it relates to the powers of the government and the 
rights of the people. 

It provides that powers not included in the Constitution 
shall belong to the states or the people. Since the peo- 
ple are the source of power, that power which they did 
not delegate to the national government must belong to 
themselves, unless they delegate it to the state govern- 



Art. XI-XII.] AMENDMENTS. 169 

merits. It is therefore unnecessary to specify that they 
retain that which they do not give away. It was done 
because the people were very anxious to indicate a limit 
to the powers granted in the Constitution. 

The powers " delegated " to the United States include 
every enumerated and implied power. It was, as Mad- 
ison said, impossible for a Constitution to enumerate 
every power. He recognized in 1789 the implied powers 
which are part of the powers of the Constitution and 
which are covered by the general term " delegated powers." 

Article XI. 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity commenced or 
prosecuted against one of the United States by citizens of 
another state, or by citizens or subjects of any foreign state. 

This amendment was proposed and carried by the 
advocates of state sovereignty. A suit was brought in a 
United States court against the state of Georgia. The 
states were surprised and disgusted when it transpired 
that an individual could sue them. They had regarded 
themselves as sovereign and free from all such indig- 
nities. When they found that they could be sued they 
adopted this amendment. Since its adoption (1798) it 
has been possible for a state to repudiate its just debts, 
because suit cannot be brought to recover them. 

Article XII. 

The Electors shall meet in their respective states, and vote by 
ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same state with themselves ; 
they shall name in their ballots the person voted for as Presi- 
dent, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice-President, 
and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the government of 
the United States, directed to the President of the Senate ; — 



170 THE CONSTITUTION. [Art. XII. 

The President of the Senate shall, in presence of the Senate and 
House of Representatives, open all the certificates and the votes 
shall then be counted ; — The person having the greatest number 
of votes for President, shall be the President, if such number be 
a majority of the whole number of Electors appointed ; and if 
no person have such majority, then from the persons having the 
highest numbers not exceeding three on the list of those voted 
for as President, the House of Representatives shall choose im- 
mediately, by ballot, the President. But in choosing the Presi- 
dent, the votes shall be taken by states, the representation from 
each state having one vote ; a quorum for this purpose shall con- 
sist of a member or members from two-thirds of the states, and 
a majority of all the states shall be necessary to a choice. And 
if the House of Representatives shall not choose a President 
whenever the right of choice shall devolve upon them, before 
the fourth day of March next following, then the Vice-President 
shall act as President, as in the case of the death or other con- 
stitutional disability of the President. — The person having the 
greatest number of votes as Vice-President, shall be the Vice- 
President, if such number be a majority of the whole number of 
Electors appointed, and if no person have a majority, then from 
the two highest numbers on the list, the Senate shall choose the 
Vice-President ; a quorum for the purpose shall consist of two- 
thirds of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be 
ehgible to that of Vice-President of the United States. 



This amendment was adopted in 1804. The excite- 
ment which had been caused by the long contest in the 
House at Jefferson's election had made the necessity of a 
change apparent. It is, therefore, here provided that the 
president and vice-president shall be designated for their 
respective offices, that if there be no majority, the House 
shall choose from the three highest instead of the five 
highest ; that if the House does not succeed in making a 
choice by March 4th following, the vice-president shall 
act as president, and that if no person have a majority for 
vice-president, the Senate shall choose between the two 
highest names. These provisions are intended to render 
certain the election of a president and prevent the 
recurrence of a disgraceful contest like that of 1801. 



Art. XTII-XIV.] AMENDMENTS. Tji 

Article XIII. 

Clause I. Neither slavery nor involuntary servitude, except 
as a punishment for crime, whereof the party shall have been 
duly convicted, shall exist w^ithin the United States, or anyplace 
subject to their jurisdiction. 

Clause 2. Congress shall have power to enforce this article 
by appropriate legislation. 

This amendment was adopted in 1864. Its object was 
to enforce the result of war. State sovereignty and 
nationality had fought in Congress until 1861. In that 
year the former was defeated in the presidential election. 
It saw that the north had awakened, and it then deter- 
mined to maintain slavery by secession. The north would 
not consent. The appeal to arms was made. The south 
was defeated, and slavery, which had been the basis of its 
political supremacy, was abolished by this amendment. 

Article XIV. 

Clause I. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens 
of the United States and of the state wherein they reside. No 
state shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States ; nor 
shall any state deprive any person of life, Hberty or property 
without due process of law, nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Clause 2. Representatives shall be apportioned among the 
several states according to their respective numbers, counting 
the whole number of persons in each state, excluding Indians 
not taxed. But when the right to vote at any election for the 
choice of electors for President and Vice-President of the United 
States, representatives in Congress, the executive and judicial 
officers of a state, or the members of the Legislature thereof, is 
denied to any of the male members of such state, being twenty- 
one years of age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced in 
the proportion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one years of 
age in such state. 

Clause 3. No person shall be a senator or representative in 
Congress, or elector of President and Vice-President, or hold 



172 THE CONSTITUTION. [Art. XIV. 

any ofifice, civil or military, under the United States, or under 
any state, who, having previously taken an oath, as a member of 
Congress, or as an officer of the United States, or as a member 
of any State Legislature, or as an executive or judicial officer of 
any state, to support the Constitution of the United States, 
shall have engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof. But Congress 
may, by a vote of two-thirds of each house, remove such disa- 
bility. 

Clause 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United 
States nor any state shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave ; 
but all such debts, obligations, and claims shall be held illegal 
and void. 

Clause 5. The Congress shall have power to enforce by appro- 
priate legislation the provisions of this article. 

This amendment was adopted in 1868. After the close 
of the war the south found that the slaves were free, and 
often arrogant and unbearable. They, therefore, took 
action in some states to suppress the blacks, deprive 
them of their rights, and deny them the protection of 
law. Clause i seeks to remedy this. 

But southerners went further. They instituted a reign 
of terror and intimidation in order to maintain control of 
the negroes. They went so far that clause 2 provided 
punishment for such a course. In order that per- 
sons once engaged in rebellion should not hold office 
they are here made ineligible, unless Congress remove 
the disability. This is clause 3. Debts incurred by the 
states in rebellion are declared void, and the debt of the 
United States contracted to suppress the rebellion is 
declared valid in clause 4, in order that the validity and 
constitutionality of the war may be recognized. 

This amendment establishes the result of the war in 
most emphatic terms. Clauses i and 2 were rendered 
necessary by the course of the south between 1865 and 



Art. XV.] AMENDMENTS. 173 

1868. Clause 3 was necessary in order to restrain partici- 
pants in rebellion from affecting legislation, and clause 
4 was required in order to guarantee the national debt. 

Article XV. 

Clause I. The right of the citizens of the United States to 
vote shall not be denied or abridged by the United States or any 
state on account of race, color, or previous condition of servitude. 

Clause 2. The Congress shall have power to enforce by appro- 
priate legislation the provisions of this article. 

This amendment was adopted in 1870. It was required 
because the previous amendment had not perfectly pro- 
tected the blacks. It was thought that the ballot must 
be specifically conferred on them and it was done in this 
manner. 



Ill 

OPERATION OF THE CONSTITUTION. 



OPERATION OF THE CONSTITUTION. 



CHAPTER I. 

THE NEW GOVERNMENT. 

The Constitution, whose origin and nature have been 
explained in sections I and II, was adopted by the people 
of the states, and went into operation as the organic law 
of the land, on March 4, 1789. A new government was 
organized, and was the successor of the old one, from 
which it differed in its fundamental features. The Con- 
federation had acted on states only ; the Constitution 
acted directly on the people. A different principle un- 
derlay the two forms. 

In inaugurating the government under the Constitu- 
tion a new and complete organization of departments and 
machinery was essential. The Constitution provided for 
something far more elaborate than had existed under the 
Confederation ; the executive and judiciary departments 
were entirely new, and Congress possessed new powers 
and functions. Delicate and complicated work devolved 
upon those who were the first officers and legislators of 
the nation. 

Soon after the close of the Revolution there had been 
discussion on the necessity of strengthening the Confed- 
eration. A few leaders expressed themselves strongly in 
favor of so doing and were denominated FederaUsts, 
because they desired a stronger federal union. When the 
Constitutional Convention met in May, 1787, these men 
were convinced that something stronger than a federal 



178 THE NEW GOVERNMENT. [17S7-89. 

union was required, and they presented the Virginia plan, 
proposing a national government, as the expression of 
what they then considered necessary. In the Conven- 
tion, they advocated a republican government, not a fed- 
eral union. The members of the Convention, who had 
previously taken no action towards strengthening the Con- 
federation, now contended that a stronger federal union 
was all that was required, and insisted that a national 
government was not suited to the states, and would prove 
dangerous to the liberties of the people. 

It was necessary to make the provisions of the Consti- 
tution explicit, in order that it might be adopted with a 
just conception of the difference between the government 
it formed, and that which it superseded. The Federal- 
ists desired to assure to the new government every attri- 
bute of sovereignty ; their opponents sought to give it as 
few powers as possible ; the object of one was to form a 
national republic ; of the other, a federal union or con- 
federation. 

In order to secure a national constitution, the members 
of the Constitutional Convention who felt most keenly 
the necessity of a more vigorous government were 
obliged to yield some points to the state sovereignty 
prejudices of many members, and make certain compro- 
mises. The principal compromises of the Constitution 
relate to slavery. In securing the right to have three- 
fifths of the slaves counted in the enumeration made for 
the apportionment of congressmen, and in retaining the 
privilege of importing slaves until 1808, the south did not 
heed that the powers granted to the Constitution were 
really national ; or, they expected to secure such a pre- 
ponderance in Congress as to control legislation. In 
either case, the facts stand the same. The Federalists 
framed a constitution which was republican and national ; 
their opponents, in acquiescing in it, secured special con- 
cessions for slave-holders. The Constitution was due in 



1 787-89. ] RA TIFICA TION, 1 7 9 

conception and formation to those who were called Fed- 
eralists. 

The Constitutional Convention submitted the Constitu- 
tion to the people in September, 1787, and to many it was 
a startling instrument. Only a stronger or modified Con- 
federation had been expected. The government pro- 
posed was as objectionable because it was unexpected, as 
because it contained any defects. The Revolution had 
been completed successfully under the Confederation ; 
the people were unacquainted with each other and seemed 
bound by few ties ; pretensions to state sovereignty aug- 
mented local importance. These causes influenced a 
majority of the people to oppose a national government. 
But industry had been prostrate since the war ; trade and 
commerce had almost disappeared ; finances were em- 
barrassed ; the country was poor and disheartened. It 
was everywhere asked how to secure relief. The best 
remedy was believed to be a government which would 
unite and strengthen the country. When the Constitu- 
tion was framed, it was asked if it would give the re- 
quired government without becoming arbitrary and des- 
potic. 

Probably one-half of the people were opposed to the 
adoption of the Constitution. It found enemies in some 
who had been against it in the Constitutional Convention, 
and the attacks on it grew so vigorous that active meas- 
ures for its support were required. The Federalists then 
rallied to its defense ; they used all their influence for it, 
and published the very able and influential series of 
letters, afterwards collected under the title of Federalist. 
The Constitution was adopted owing to the efforts of the 
same men who had suggested the Constitutional Conven- 
tion, and had proposed in it the Virginia plan. 

The Constitution having been adopted, the first election 
took place under it. It was felt that those who had been 
instrumental in forming the Constitution should be 



i8o THE NEW GOVERNMENT. [1789. 

intrusted with setting it in motion, and accordingly they 
were generally elected to the first Congress, and he who 
had presided over the Convention became the first presi- 
dent. Between the ratification of the Constitution by the 
ninth state in July, 1788, and the inauguration of the new 
government, nearly a year later, a period of suspense pre- 
vailed. Though perhaps a majority of the people had 
not favored a national constitution, and had adopted it 
only because there seemed no alternative, they were ready 
to accept it in good faith, if it proved beneficial in opera- 
tion. The initial acts of the first administration would go 
far to create a public sentiment favorable or unfavorable 
to the government. Much depended upon Congress, and 
much upon the president and his advisers. It devolved 
upon the former to frame laws by which to execute the 
Constitution ; upon the latter to suggest measures, and to 
execute the laws ; the work of both was original. 

When the Constitution went into operation in March, 
1789, it was regarded in three different lights. Some were 
openly hostile to it, and wished to see it fail ; the body 
of the people regarded it as an experiment, taken on suf- 
ferance and withheld judgment until they saw what 
manner of government would result, and what benefits 
would accrue to the country ; a few believed that the best 
Constitution which the divergent interests of the country 
allowed, had been formed ; and that it must be made to 
succeed ; — they thought that its failure meant disunion 
and anarchy and probable subjection to foreign powers. 
Only small bodies respectively held antagonistic and 
friendly views ; the greater part of the people awaited the 
inauguration of the new government before taking sides. 
They did not deliberately reason that they would wait 
and see before they formed opinions; but they felt that they 
ought to give the government a chance before deciding 
against it. The middle position which they occupied was 
a negative one ; it was not that of judicial judgment, but 



1 789. ] I^A TIFICA TION. 1 8 1 

of temporary indecision, while awaiting the first act which 
would indicate the new government's policy. Those who 
were hostile to the Constitution wished to see the govern- 
ment employ as few powers as possible ; they desired to 
restrict it to those which are enumerated, and withhold 
from it all the rights of sovereignty consequent upon them 
or referred to in various parts of the Constitution. Those 
who desired its success believed that the country could be 
invigorated and united only by employing all the powers 
which the Constitution granted. On one side, they sought 
to maintain a mere confederation ; on the other to create a 
national republic. 

The character of the new union depended on the way 
in which the Constitution was viewed. If all the sover- 
eign powers specified and implied in it were used, it would 
be a national republic. If only a few of the specified 
powers were employed, it would have no greater vigor 
than the Confederation. 

It has been shown, in the examination of the Constitu- 
tion, that certain clauses of a general nature do not 
indicate the measure of power which can be used under 
them. Since these clauses grant power to legislate for the 
general welfare ; since all enumerated powers are strictly 
sovereign, and since it is specifically stated that Congress 
has power to make laws for the execution of the enume- 
rated powers and for "all other powers" (Art. I, sec. 
VIII, clause 18), it is clear that the government possesses 
full sovereign powers on all enumerated subjects and on 
the implied subjects referred to as " all other powers." 

On the other hand, it is possible to deny that any other 
than enumerated powers are granted. But he who takes 
this course does so in face of the evidence just cited, and 
ignores the reference to "all other powers." An exami- 
nation of the Constitution proves the sovereignty of the 
government which it establishes. When it is admitted 
that the government is sovereign in character, it may still 



l82 THE NEW GOVERNMEl^T. [1789. 

be questioned how far it is wise and necessary to employ 
its powers in order to maintain liberty and justice. Gov- 
ernment is good only in so far as it secures these ends. 
The most perfect civilization exists under a government 
that is strong and just. 

In 1789 the tendency of the Colonies to assert state 
sovereignty was strong. They had learned to fear and 
hate a government which existed so far from them as to 
be controlled by interests different from their own. Cer- 
tain pernicious influences and maxims of the French Revo- 
lution were also spreading. France was reacting from an 
absolute despotism to complete anarchy. She had never 
enjoyed constitutional liberty ; all her ideas were the 
extravagant theories of philosophers, based on mental 
processes and carried so far as to be antagonistic to 
human nature. A weak monarch made reaction possible. 
The public reveled in the prospect of liberty ; they 
became intoxicated ; they grew delirious. Government 
was swept away and chaos prevailed until a new despot 
arose. French delirium spread the maxim that govern- 
ment is good as there is least of it. 

The French idea that liberty was absence of restraint 
had reached the United States and made disciples in the 
period succeeding the war. Those who believed this, 
opposed the adoption of the Constitution, and when it 
was adopted sought to have the government exercise as 
few powers as possible. They desired a weak central 
government. 

The Constitution had been adopted in order to secure 
a stronger general government. Its few active friends 
were the Federalists. It was opposed by those who had 
favored only a confederation, and by those who had 
imbibed French ideas. In March, 1789, these two classes 
were small, and represented opposing principles. The 
Federalists represented national unity ; their opponents, 
soon denominated Anti-Federalists, represented confed- 



1789.] THE NEW GOVERNMENT. 183 

eration. The possible development of the ideas of both 
classes was limited by the Constitution. The Federalists 
could not carry national sovereignty where the Constitu- 
tion specifically forbade it ; the Anti-Federalists could 
not remove from the government all nationality. The 
desire of the Federalists was to employ all the powers 
granted in the Constitution and to thoroughly establish 
the sovereignty and nationality of the Union ; the desire 
of the Anti-Federalists was to use as few of these powers 
as possible and give the states every opportunity to acquire 
increased power and influence. Between these two small 
bodies stood the mass of the people awaiting the inaugu- 
ration of the new government. 



CHAPTER 11. 

FEDERAL SUPREMACY. 

In the Revolutionary period few men were thoroughly 
known and trusted throughout the colonies. Only one man 
WasMngton's In- was held in universal esteem ; but he 
fluence. received a measure of trust and confi- 

dence, so great, that regard for any other man was dwarfed 
by comparison. General Washington deserved the rever- 
ence which was accorded him. In perfect symmetry of 
development ; in pure patriotism ; in spotless character ; 
in military success, and in civil administration, he has 
no equal. His ambition and character were tried by the 
severest tests ever offered to a man ; but he never failed 
in ability, self-sacrifice or purity. His reward was, in his 
life, such reverence, honor and preferment as no other 
man has received ; and, since his death, the everlasting 
homage and gratitude of the people whose freedom he 
won, and whose government he inaugurated and estab- 
lished. 

When the question of the adoption of the Constitution 
was in debate, it was generally felt that Washington must 
be the first executive. The thoughts of the people turned 
everywhere to him, and so great was their confidence in 
him and their distrust of all others, that they would not 
have ratified it, had not it been known that he would be- 
come president. The first electoral college was chosen 
with this expectation. In it, Washington received every 
vote, while there were eleven candidates for vice-presi- 
dent. John Adams received the largest number of votes 
and was declared vice-president. His choice was due to 



1789.] THE FIRST CONGRESS. 185 

his revolutionary services and the fact that he represented 
Massachusetts, which ranked with Virginia as the leading 
states. Washington had favored a Constitutional Con- 
vention ; he had presided over it ; he had believed in the 
Constitution and urged its adoption, and Adams repre- 
sented the New England Federalists. 

Washington's clear insight saw that the aims of the 
Federalists and Anti-Federalists would inevitably produce 

coUisions if they could not, at the out- 

Tlie First Cabinet. , ., j, a -lx^ 

set, unite on a middle ground. He 

knew that he held the confidence of both, and that if 
union was possible he could secure it. He, therefore, 
chose for his Cabinet, Hamilton and Knox as representa- 
tive Federalists, and Jefferson and Randolph as represen- 
tative Anti-Federalists. 

The demoralization of the country was largely due to 
its poverty and the prostration of all resources. The 
First Acts of Con- earliest attention, therefore, of both 
grress. Congress and the executive turned to the 

condition of the finances. James Madison, to whom the 
Constitution is due almost as much as to Washington, was a 
member of the House. He at once proposed measures 
for providing a revenue, and a tariff act was passed. It 
was designed in part to secure protection. Congress did 
not attempt to legislate concerning the public debt, but 
requested Hamilton to prepare a plan. 

When the state conventions ratified the Constitution, 
five of them had proposed amendments to it. Many of the 
First Ten Amend- opponents of the Constitution had based 
ments. their objections on the ground that it 

did not contain a specific " bill of rights," declaring what 
rights the people possessed. Though the Federalists did 
not consider this necessary, they saw no objection to 
amendments which would contain such declarations, 
especially if their adoption would make friends for the Con- 
stitution. They accordingly offered no opposition when 



1 86 FEDERAL SUPREMACY, [1790. 

twelve amendments were proposed at the first session of 
Congress. These amendments have been explained in their 
proper place, and have been shown to be simply declara- 
tive, and not affecting the character or working of the 
Constitution. Ten of them were adopted. The measures 
passed by Congress at its first session were such as were 
expected and caused no particular division of opinion. 

When Congress assembled in January, 1790, Hamilton 
submitted his plan for the settlement of the public debt. 
Hamilton's Report He believed that the Union would be 
on Public Debt. strengthened at home and abroad, if 
its credit was improved, and he, therefore, proposed that 
the government should assume the whole of the public 
debt and provide for its payment. The debt was in 
three parts : — the foreign debt of the Confederation ; the 
domestic debt of the Confederation ; and the revolution- 
ary debt of the states. It was a matter of justice as well 
as of policy for the United States to pay all these debts. 
The first two were contracted by the Confederation, and 
the new government was its legitimate successor, and 
morally responsible for its affairs. The third debt was 
contracted by the states respectively, in order to gain 
independence, and make a nation possible. The whole 
country reaped the benefit, and, in justice, was required 
to assume the indebtedness. Hamilton saw also that if 
the state debts were assumed by the United States, the 
general government would acquire increased power and 
influence, while the states correspondingly decreased. 

When Congress came to act on Hamilton's report, it 
was generally agreed that the foreign debt of the Confed- 

Action of Congress ^^^^^^^ o^g^^ ^^ ^c assumed and paid 
on Hamilton's in full. The first part of the debt was 
Report. x^M-s, easily provided for. But when 

the domestic debt of the Confederation was reached, 
Anti-Federal leaders opposed its full payment. They 
claimed that it would not go into the hands of the origi- 



1790.] PARTY LINES. 187 

nal holders ; that it could not be equitably settled, and 
ought to be compromised. Such reasons had no weight 
with the Federalists, and a majority of Congress voted to 
pay the domestic debt in full. In this discussion there 
was apparent a possibility of strong opposition to the 
government. The Anti-Federalists did not wish to see a 
strong general government, and would oppose any mea- 
sure which would add to its power. The revolutionary 
debts of the states were then considered. The Federal- 
ists advocated their assumption as a question of expedi- 
ency, of justice, and of right. The Anti-Federal lead- 
ers opposed it, because it would strengthen the Union and 
apparently weaken the states. The question of the re- 
First Positive lation of the states to the Union and of 
^gress^on^PaSy^" ^^^^^ relative powers was then opened. 
Lines. The Federalists sought to strengthen 

the Union ; the Anti-Federalists to weaken it. The ques- 
tion being squarely raised, many who had voted with the 
Federalists on the previous propositions, voted against 
them on this one. The indecision of the masses, in and 
out of Congress, ended when the cherished " sovereignty " 
of the states was threatened. After long debate the 
measure was barely carried ; but a few days later was re- 
considered and rejected, by the aid of the newly arrived 
North Carolina representatives. This defeat seemed to 
presage a peculiarly hard position for the administration. 
The difficulties attendant upon putting in operation the 
machinery of a new government would be much greater 
if an opposition majority controlled Congress. Hamil- 
ton was thus doubly anxious to secure the passage of this 
measure. He consulted with Jefferson, who was rapidly 

„ . _, becoming the leader of the Anti-Fed- 

Comproirnse Be- ° 

tween Hamilton eralists, and made an arrangement with 

and Jefferson. j^j^^^ |^y ^|^j^j^ j^g ^^^j^ succeed. The 

agreement made between these two leaders related to the 
location of the national capital. The Anti-Federalists, 



1 88 FEDERAL SUPREMACY. [1790. 

and southerners generally, were extremely desirous to 
secure a southerly position for it. The Federalists wished 
for a spot as far north as Philadelphia. There had been 
much warm discussion over it, but no decision had been 
reached. Hamilton now agreed to persuade the Feder- 
alists to consent to a southerly location, if Jefferson 
would persuade the Anti-Federalists to allow the passage 
of the third part of the measure for settling the public 
debt. Jefferson readily agreed. The defeated portion 
of Hamilton's bill was thus reconsidered, and adopted by 
the aid of a few of Jefferson's friends. When the question 

of the location of the capital was con- 
liocation of -j j ^.i t-> i. j 

National Capital, sidered, the Potomac was agreed on 

by the aid of a few of Hamilton's 

friends. The agreement between Hamilton and Jefferson 

was known, at the time, to the few parties concerned in 

the vote only. 

This measure enabled Congress and the people to see 
what would be the nature of the policy of the adminis- 
Kesult of Adop- tration, and removed much of the inde- 
tion of Hamilton's cision which had prevailed. In Con- 
^P°^ ■ gress, about one-half of the members 

acted with the Federal, and one-half with the Anti-Fed- 
eral leaders. There was nothing as yet to indicate how 
the people were dividing ; but it is fair to assume that it 
was in about the same proportion as their representa- 
tives. 

At the next session of Congress Hamilton proposed a 

National Bank as an aid to the administration of the 

finances of the government. This caused 
National Bank. ^ , ,. • /• ,i r ^i 

fresh discussion of the powers of the 

Constitution. Its constitutionality was maintained by 
the Federalists as derived from the control of reve- 
nue and taxes ; and was denied by the Anti-Federalists 
because not specifically given. The measure was passed 
by a small majority and sent to the president, who was 



I79I.] THE ANTI-FEDERALISTS. 189 

begged to veto it. Washington took the written opinions 
of his Cabinet. Hamilton and Knox were for it ; Jeffer- 
son and Randolph against it. Washington was convinced 
by Hamilton's arguments and signed the bill. 

The passage of this measure made the division line 

between the Federalists and Anti-Federalists more dis- 

Party Lines tinct. The latter became more de- 

Strengtliened. cided in their opposition to the adminis- 
tration, and gained in numbers from those who feared 
that the general government would arrogate to itself too 
much power. The opposition to the administration was 
not exactly opposition to the Constitution. Jefferson, 
Madison, the other Anti-Federal leaders saw that the 
Constitution would succeed, and were ready to support 

it when viewed and interpreted 
Jefferson's Policy. , . ^ ^, • u r r --pu 

accordnig to their own beliefs. 1 hey 

accordingly insisted on such a construction as would grant 
the fewest powers to the government, and claimed that 
such powers as were enumerated were alone constitutional. 
The Anti-Federalists then began to claim that their in- 
terpretation of the Constitution was alone justified by the 
text; and since a restriction of the powers of the government 
coincided with the feelings of the majority of the people, 
they rapidly grew in numbers throughout the country. 
Only those who were convinced of the necessity of a far 
stronger government than the Confederation, and those 
who believed in national unity rather than confederated 
weakness continued staunch Federalists. These divisions 
of the people were taking place but were still (1791) far 
from complete ; for many had not yet decided that the 
administration had erred, nor had confidence in Washing- 
ton been at all diminished. On questions which did not 
relate to the more important powers of Congress, many of 
the less ardent Anti-Federalists supported the administra- 
tion. Distinct party lines appeared as yet on important 
issues only. 



190 FEDERAL SUPREMACY. [1793. 

Jefferson did not like the term Anti-Federal, which 

was applied to his party. He saw that opposition to the 

..«•.- ^. Constitution was changing to opposi- 

Attempt to Substi- r it -i i 

tute Kepubiican tion to the measures 01 Hamilton and 

for Anti-Federal. ^^ Federalists, and he proposed a new 
name. He was an enthusiastic friend of the French 
Revolution, and copied from France the name Republi- 
can, which he sought to have adopted here. 

Washington's first term drew to a close with party lines 
plainly indicated, and a tolerably complete division of the 
Political Parties people into Federalists and Republicans, 
in 1793. It was universally expected that he 

would be reelected. He retained the confidence and love 
of the people, and had shown eminent ability as chief ex- 
ecutive. Jefferson, it is true, was acquiring an increas- 
ing influence ; but no one thought of proposing him to 
replace Washington. In the election, Washington, as be- 
fore, received every vote and John Adams was again 
elected vice-president, this time by a little more than a 
majority. The result showed Washington's hold upon 
the people, and indicated that the Federalists possessed a 
small majority throughout the country. 

Washington's second term had hardly begun when the 
news of the declaration of war by France against Eng- 
4and and Holland was received. Public sympathy was 
Washington's Sec- with France. Our own struggle was so 
ondTerm. recent, and had been so severe, that the 

French Revolution was eagerly watched, while a bitter 
feeling against England still held sway in many sections. 

Jefferson had imbibed French doctrines during his res- 
idence in France. The Anti-Federalists or Republicans 
accepted the French idea of the weakest government the 
best ; all their sympathies were with France. The Fed- 
eralists, on the other hand, were beginning to recoil at 
the anarchy and barbarity which succeeded the Revolu- 
tion. Still, a majority of the people sympathized with 



1794.] JAY'S TREATY. 191 

France, as against England, and wished to espouse her 
cause. 

Washington saw the folly of interference in European 

wars and, with the advice of his cabinet, promulgated a 

Proclamation of P»-oclamation of Neutrality. The more 

Neutrality violent Republicans grew so enraged 

and Result. ^.j^^^ assistance was not to be offered to 

France, that they began attacks upon the official and pri- 
vate character of the president. This villainous course 
was instigated and carried on chiefly by foreigners, most 
of whom had become rabid Republicans, because that 
party most nearly coincided with their communistic 
ideas. 

The French minister. Genet, who shortly arrived, ag- 
gravated the discontent and behaved in so arrogant a 
manner that Washington requested his recall. Under 
Genet's influence many political clubs were formed by 
the Republicans in imitation of the French. The Fed- 
eralists stigmatized them as Democratic, and the Repub- 
First use of Term licans as Democrats. The party soon 
Democrat. became known as Democratic-Republi- 

can, but the new term did not acquire general use for 
some time. 

Relations with England had been growing unpleasant 
for sometime, owing to mutual claims that the treaty of 

1783 was not enforced. It became 
Jay's Treaty and , . i -, -.^t , 

Consequence. necessary to take some step, and Wash- 
ington sent Chief Justice Jay to Eng- 
land to endeavor to negotiate a new treaty. One was 
made ; it was not wholly satisfactory, but was the best 
that could be secured. The Senate ratified it and Wash- 
ington signed it. This act caused new assaults by the 
Republicans, on the administration, because they held 
the treaty to be a token of subserviency to England and 
of hatred to France. The House, at first, refused to pro- 
vide means to execute the treaty, and arrogantly claimed 



192 FEDERAL SUPREMACY. [1796. 

a right to nullify it in this way, if they did not approve 
of it. They finally passed the required laws. 

Washington was requested to accept a third election, 
but refused. His age, his long services, and the abuse 
which violent Republicans had lately 
FaT^weu"i^d?L. heaped upon him, decided him to re- 
tire to private life. But before so do- 
ing, he determined to express to the country his views on 
government and politics, and give such wholesome advice 
as seemed most required. He, accordingly, prepared and 
issued a long farewell address. He reviewed the history 
of the Union ; showed the existing status ; pointed out 
that political parties were becoming sectional, and beg- 
ged the people not to allow themselves to divide on geo- 
graphical lines. The address was issued exactly nine 
years from the day the Constitution was completed. No 
like period of time ever witnessed the formation, adop- 
tion and successful inauguration of a great republican 
government. The address presents a clear view of the 
conditions which obtained in 1796, and shows the remark- 
able discrimination, foresight and judgment which Wash- 
ington possessed. It is therefore given here in full. 

WASHINGTON'S FAREWELL ADDRESS. 

Friends and Fellow-citizens : — The period for a new 
election of a citizen to administer the executive government of 
the United States being not far distant, and the time actually 
arrived when your thoughts must be employed in designating 
the person who is to be clothed with that important trust, it 
appears to me proper, especially as it may conduce to a more 
distinct expression of the public voice, that I should now 
apprise you of the resolution I have formed to decline being 
considered among the number of those out of whom a choice is 
to be made. 

I beg you, at the same time, to do me the justice to be assured 
that this resolution has not been taken without a strict regard 
to all the considerations appertaining to the relation which 
binds a dutiful citizen to his country ; and that, in withdrawing 
the tender of service, which silence, in my situation, might 
imply, I am influenced by no diminution of zeal for your future 



1796 J FAREWELL ADDRESS, 193 

interest ; no deficiency of grateful respect for your past kind- 
ness ; but am supported by a full conviction that the step is 
compatible with both. 

The acceptance of, and continuance hitherto in, the office to 
which your suffrages have twice called me, have been a uniform 
sacrifice of inclination to the opinion of duty, and to a deference 
to what appeared to be your desire. I constantly hoped that it 
would have been much earlier in my power, consistently with 
motives which I was not at liberty to disregard, to return to 
that retirement from which I had been reluctantly drawn. The 
strength of my inclination to do this, previous to the last elec- 
tion, had even led to the preparation of an address to declare 
it to you ; but mature reflection on the then perplexed and crit- 
ical posture of our affairs with foreign nations, and the unani- 
mous advice of persons entitled to my confidence, impelled me 
to abandon the idea. 

I rejoice that the state of your concerns, external as well as 
internal, no longer renders the pursuit of inclination incompati- 
ble with the sentiment of duty or propriety ; and am persuaded, 
whatever partiality may be retained for my services, that, in the 
present circumstances of our country, you will not disapprove 
my determination to retire. 

The impressions with which I first undertook the arduous 
trust were explained on the proper occasion. In the discharge 
of this trust, I will only say that I have, with good intentions, 
contributed toward the organization and administration of the 
government the best exertions of which a very faUible judgment 
was capable. Not unconscious, in the outset, of the inferiority of 
my qualifications, experience in my own eyes, perhaps still more 
in the eyes of others, has strengthened the motives to diffidence 
of myself; and every day the increasing weight of years admon- 
ishes me, more and more, that the shade of retirement is as 
necessary to me as it will be welcome. Satisfied that, if any 
circumstances have given peculiar value to my services, they 
were temporary, I have the consolation to believe that, while 
choice and prudence invite me to quit the political scene, patriot- 
ism does not forbid it. 

In looking forward to the moment which is intended to ter- 
minate the career of my public life, my feehngs do not permit 
me to suspend the deep acknowledgment of that debt of grati- 
tude which I owe to my beloved country for the many honors it 
has conferred upon me ; still more for the steadfast confidence 
with which it has supported me ; and for the opportunities I 
have thence enjoyed in manifesting my inviolable attachment 
by services faithful and persevering, though in usefulness une- 
qual to my zeal. If benefits have resulted to our country from 
these services, let it always be remembered to your praise, and 

9 



194 FEDERAL SUPREMACY. [1796. 

as an instructive example in our annals, that, under circum- 
stances in which the passions, agitated in every direction, were 
liable to mislead ; amidst appearances sometimes dubious, vicis- 
situdes of fortune often discouraging ; in situations in which, 
not unfrequently, want of success has countenanced the spirit of 
criticism — the constancy of your support was the essential prop 
of the efforts, and a guaranty of the plans, by which they were 
effected. Profoundly penetrated with this idea, I shall carry it 
with me to my grave, as a strong incitement to unceasing vows, 
that Heaven may continue to you the choicest tokens of its 
beneficence ; that your union and brotherly affection may be 
perpetual ; that the free Constitution, which is the work of your 
hands, may be sacredly maintained ; that its administration in 
in every department may be stamped with wisdom and virtue ; 
that, in fine, the happiness of the people of these States, under 
the auspices of liberty, may be made complete by so careful a 
preservation and so prudent a use of this blessing as will acquire 
to them the glory of recommending" it to the applause, the affec- 
tion, and the adoption of every nation which is yet a stranger 
to it. 

Here, perhaps, I ought to stop ; but a solicitude for your wel- 
fare, which cannot end but with my life, and the apprehension 
of danger natural to that solicitude, urge me, on an occasion 
like the present, to offer to your solemn contemplation, and to 
recommend to your frequent review, some sentiments, which are 
the result of much reflection, of no inconsiderable observation, 
and which appear to me all-important to the permanency of 
your felicity as a people. These will be afforded to you with 
the more freedom, as you can only see in them the disinterested 
warnings of a parting friend, who can possibly have no personal 
motive to bias his counsel ; nor can I forget, as an encour- 
agement to it, your indulgent reception of my sentiments on a 
former and not dissimilar occasion. 

Intersvoven as is the love of liberty with every ligament of 
your hearts, no recommendation of mine is necessary to fortify 
or confirm the attachment. 

The unity of government, which constitutes you one people, 
is also now dear to you. It is justly so ; for it is a main pillar 
in the edifice of your real independence, — the support of your 
tranquillity at home, your peace abroad, of your safety, of your 
prosperity, of that very liberty which you so highly prize. But, 
as it is easy to foresee, that, from different causes, and from dif- 
ferent quarters, much pains will be taken, many artifices em- 
ployed, to weaken in your minds the conviction of this truth ; as 
this is the point in your political fortress against which the bat- 
teries of internal and external enemies will be most constantly 
and actively (though often covertly and insidiously) directed, it 



1796.] FAREWELL ADDRESS. 



195 



is of infinite moment that you should properly estimate the im- 
mense value of your National Union to your collective and in- 
dividual happiness ; that you should cherish a cordial, habitual 
and immovable attachment to it ; accustoming yourselves to think 
and speak of it as of the palladium of your political safety and 
prosperity ; watching for its preservation with jealous anxiety ; 
discountenancing whatever may suggest even a suspicion that it 
can, in any event, be abandoned; and indignantly frowning 
upon the first dawning of any attempt to alienate any portion 0I 
our country from the rest, or to enfeeble the sacred ties which 
now hnk together the various parts. 

For this you have every inducement of sympathy and interest. 
Citizens, by birth or choice, of a common country, that country 
has a right to concentrate your affections. The name of Amer- 
ican, which belongs to you in your national capacity, must 
always exalt the just pride of patriotism more than any appel- 
lation derived from local discriminations. With slight shades of 
difference, you have the same religion, manners, habits, and 
political principles. You have, in a common cause, fought and 
triumphed together : the independence and liberty you possess 
are the work of joint councils and joint efforts, of common dan- 
gers, sufferings, and successes. 

But these considerations, however powerfully they address 
themselves to your sensibility, are greatly outweighed by those 
which apply more immediately to your interest. Here every 
portion of our country finds the most commanding motives for 
carefully guarding and preserving the union of the whole. 

The North, in an unrestrained intercourse with the South, 
protected by the equal laws of a common government finds in 
the productions of the latter, great additional resources of mari- 
time and commercial enterprise, and precious materials of man- 
ufacturing industry. The South, in the same intercourse bene- 
fiting by the agency of the North, sees its agriculture grow and 
Its commerce expand. Turning partly into its own channels th- 
seamen of the North, it finds its particular navigation invigor- 
ated ; and, while it contributes, in different ways, to nourish and 
increase the general mass of the national navigation, it looks 
forward to the protection of a maritime strength to which itself 
IS unequally adapted. The East, in like intercourse with the 
West, already finds, and in the progressive improvement of 
interior communications by land and water will more and more 
find, a valuable vent for the commodities which it brings from 
abroad or manufactures at home. The West derives from the 
East supplies requisite to its growth and comfort ; and, what is, 
perhaps, of still greater consequence, it must, of necessity, owe 
the secure enjoyment of indispensable outlets for its own pro- 
ductions to the weight, influence, and the future maritime strength 



196 FEDERAL SUPREMACY. [1796. 

of the Atlantic side of the Union, directed by an indissoluble 
community of interest as one nation. Any other tenure by 
which the West can hold this essential advantage, whether de- 
rived from its own separate strength or from an apostate and 
unnatural connection with any foreign power, must be intrin- 
sically precarious. 

While, then, every part of our country thus feels an immedi- 
ate and particular interest in union, all the parts combined can- 
not fail to tind, in the united mass of means and efforts, greater 
strength, greater resource, proportionably greater security from 
external danger, a less frequent interruption of their peace by 
foreign nations ; and, what is of inestimable value, they must 
derive from union an exemption from those broils and wars 
between themselves which so frequently afflict neighboring coun- 
tries not tied together by the same government, which their own 
rivalships alone would be sufficient to produce, but which oppo- 
site foreign alliances, attachments, and intrigues would stimu- 
late and embitter. Hence, likewise, they will avoid the necessity 
of those overgrown military establishments, which, under any 
form of government, are inauspicious to liberty, and which are 
to be regarded as particularly hostile to republican liberty ; in 
this sense it is that your union ought to be considered as a main 
prop of your liberty, and that the love of the one ought to endear 
to you the preservation of the other. 

These considerations speak a persuasive language to every 
reflecting and virtuous mind, and exhibit the continuance of the 
Union as a primary object of patriotic desire. Is there a doubt 
whether a common government can embrace so large a sphere.'^ 
Let experience solve it. To listen to mere speculation in such a 
case were criminal. We are authorized to hope that a proper, 
organization of the whole, with the auxiliary agency of govern- 
ments for the respective subdivisions, will afford a happy issue 
to the experiment. It is well worth a fair and full experiment. 
With such powerful and obvious motives to union affect- 
ing all parts of our country, while experience shall not have 
demonstrated its impracticability, there will always be reason to 
distrust the patriotism of those who, in any quarter, may endeavor 
to weaken its bands. 

In contemplating the causes which may disturb our Union, it 
occurs as a matter of serious concern, that any ground should 
have been furnished for characterizing parties by geographical 
discriminations — Northern and Soiithern — Atlantic and West- 
ern : whence designing men may endeavor to excite a belief that 
there is a real difference of local interests and views. One 
of the expedients of party to acquire influence within particular 
districts, is to misrepresent the opinions and aims of other dis- 
tricts. You cannot shield yourselves too much against the jeal- 



1796] FAREWELL ADDRESS, 197 

ousies and heart-burnings which spring from these misrepresen- 
tations ; they tend to render aHen to each other those who ought 
to be bound together by paternal affection. The inhabitants of 
our Western country have lately had a useful lesson on this head ; 
they have seen in the negotiation by the executive, and in the 
unanimous ratification by the Senate, of the treaty with Spain, 
and in the universal satisfaction at that event throughout the 
United States, decisive proof how unfounded were the suspi- 
cions propagated among them, of a policy in the gen- 
eral government, and in the Atlantic States, unfriendly to their 
interest in regard to the Mississippi — that with Great Britain, 
and that with Spain, which secure them everything they could de- 
sire, in respect to our foreign relations, toward confirming their 
prosperity. Will it not be their wisdom to rely, for the preser- 
vation of these advantages, on the UNION by which they were 
procured ? Will they not henceforth be deaf to those advisors, 
if such there are, who would sever them from their brethren, 
and connect them with aliens } 

To the efficacy and permanency of your Union, a government 
for the whole is indispensable. No alliances, however strict, be- 
tween the parts, can be an adequate substitute ; they must in- 
evitably experience the infractions and interruptions which all 
alhances, in all times, have experienced. Sensible of this mo- 
mentous truth, you have improved upon your first essay by the 
adoption of a Constitution of Government better calculated 
than your former for an intimate Union, and for the efficacious 
management of your common concerns. This government, the off- 
spring of your own choice, uninfluenced and unawed, adopted 
upon full investigation and mature deliberation, completely free 
in its principles, in the distribution of its powers uniting security 
with energy, and containing within itself a provision for its own 
amendment, has a just claim to your confidence and your sup- 
port. Respect for its authority, compliance with its laws, acqui- 
escence in its measures, are duties enjoined by the fundamental 
maxims of true liberty. The basis of our political systems is 
the right of the people to make and to alter their Constitutions of 
Government. But the Constitution which at any time exists, 
till changed by an explicit and authentic act of the whole people, is 
sacredly obligatory upon all. The very idea of the power and the 
right of the people to establish government presupposes the 
duty of every individual to obey the established government. 

All obstructions to the execution of the laws, all combinations 
and associations, under whatever plausible character, with the 
real design to direct, control, counteract, or awe the regular de- 
liberation and action of the constituted authorities, are de- 
structive of this fundamental principle, and of fatal tendency. 
They serve to organize faction, to give it an artificial and extra- 



198 FEDERAL SUPREMACY. [1796. 

ordinary force ; to put, in the place of the delegated will of the 
nation, the will of a party, often a small but artful and enter- 
prising minority of the community ; and, according to the alter- 
nate triumphs of different parties, to make the public adminis- 
tration the mirror of ill-concerted and incongruous projects of 
faction, rather than the organ of consistent and wholesome 
plans, digested by common councils, and modified by mutual 
interests. 

However combinations or associations of the above descrip- 
tion may now and then answer popular ends, they are likely, in 
the course of time and things, to become potent engines by 
which cunning, ambitious, ancl unprincipled men will be enabled 
to subvert the power of the people, and usurp for themselves 
the reins of government ; destroying, afterward, the very en- 
gines which had lifted them to unjust dominion. 

Toward the preservation of your government, and the perma- 
nency of your present happy state, it is requisite, not only that you 
steadily discountenance irregular oppositions to its acknowledged 
authority, but also that you resist with care the spirit of inno- 
vation upon its principles, however specious the pretexts. One 
method of assault may be to effect, in the forms of the Consti- 
tution, alterations which will impair the energy of the system, 
and thus to undermine what cannot be directly overthrown. In 
all the changes to which you may be invited, remember that 
time and habit are at least as necessary to fix the true character 
of governments as of other human institutions ; that experience 
is the surest standard by which to test the real tendency of the 
existing constitution of a country ; that facility in changes, upon 
the credit of mere hypothesis and opinion, exposes to perpetual 
change, from the endless variety of hypothesis and opinion; 
and remember especially, that for the efficient management of 
your common interests, in a country so extensive as ours, a govern- 
ment of as much vigor as is consistent with the perfect security 
of liberty is indispensable. Liberty itself will- find in such a 
government, with powers properly distributed and adjusted, its 
surest guardian. It is, indeed, little else than a name where 
the government is too feeble to withstand the enterprises of 
faction, to confine each member of the society within the limits 
prescribed by the laws, and to maintain all in the secure and 
tranquil enjoyment of the rights of person and property. 

I have already intimated to you the danger of parties in the 
State, with particular reference to the founding of them on 
■geographical discriminations. Let me now take a more com- 
prehensive view, and warn you, in the most solemn manner, 
against the baneful effects of the spirit of party generally. 

This spirit, unfortunately, is inseparable from our nature, 
having its root in the strongest passions of the human mind. It 



1796.] FAREWELL ADDRESS. 199 

exists under different shapes in all governments, more or 
less stifled, controlled, or repressed ; but in those of the popular 
form it is seen in its greatest rankness, and is truly their worst 
enemy. 

The alternate domination of one faction over another, sharp- 
ened by the spirit of revenge, natural to party dissension, which, 
in different ages and countries, has perpetrated the most horrid 
enormities, is itself a frightful despotism. But this leads at 
length to a more formal and permanent despotism. The disor- 
ders and miseries which result gradually incline the minds of 
men to seek security and repose in the absolute power of an 
individual ; and, sooner or later, the chief of some prevaihng fac- 
tion, more able or more fortunate than his competitors, turns 
this disposition to the purposes of his own elevation on the 
ruins of public liberty. 

Without looking forward to an extremity of this kind (which, 
nevertheless, ought not to be entirely out of sight), the com- 
mon and continual mischiefs of the spirit of party are sufficient 
to make it the interest and duty of a wise people to discourage 
and restrain it. 

It serves always to distract the public councils, and enfeeble 
the public administration. It agitates the community with ill- 
founded jealousies and false alarms ; kindles the animosity of 
one part against another ; foments, occasionally, riot and insur- 
rection. It opens the door to foreign influence and corruption, 
which find a facilitated access to the government itself through 
the channels of party passions. Thus the policy and the will of 
one country are subjected to the pohcy and will of another. 

There is an opinion that parties in free countries are useful 
checks upon the administration of the government, and serve to 
keep alive the spirit of Liberty. This, within certain limits, is 
probably true ; and in governments of a monarchical cast, Pat- 
riotism may look with indulgence, if not with favor, upon the 
spirit of party. But in those of the popular character, in gov- 
ernments purely elective, it is a spirit not to be encouraged. 
From their natural tendency, it is certain there will always be 
enough of that spirit for every salutary purpose. And, there 
being constant danger of excess, the effort ought to be, by force 
of public opinion, to mitigate and assuage it. A fire not to be 
quenched, it demands a uniform vigilance to prevent its bursting 
into a flame, lest, instead of warming, it should consume. 

It is important, likewise, that the habits of thinking in a free 
country should inspire caution, in those intrusted with its 
administration, to confine themselves within their respective con- 
stitutional spheres, avoiding in the exercise of the powers of one 
department to encroach upon another. The spirit of encroach- 
ment tends to consolidate the powers of all the departments in 



26o FEDERAL SUPREMACY. [1796. 

one, and thus to create, whatever the form of government, a real 
despotism. A just estimate of that love of power, and prone- 
ness to abuse it, which predominates in the human heart, is 
sufficient to satisfy us of the truth of this position. The neces- 
sity of reciprocal checks in the exercise of political power, by 
dividing and distributing it into different depositories, and con- 
stituting each the Guardian of the Public Weal against inva- 
sions by the others, has been evinced by experiments ancient 
and modern ; some of them in our country and under our 
own eyes. To preserve them must be as necessary as to institute 
them. If, in the opinion of the people, the distribution or mod- 
ification of the constitutional powers be, in any particular, 
wrong, let it be corrected by an amendment in the way which 
the Constitution designates. But let there be no change by 
usurpation ; for, though this in one instance may be the instru- 
ment of good, it is the customary weapon by which free govern- 
ments are destroyed. The precedent must always greatly over- 
balance, in permanent evil, any partial or transient benefit which 
the use can at any time yield. 

Of all the dispositions and habits which lead to political 
prosperity. Religion and Morality are indispensable supports. 
In vain \vould that man claim the tribute of Patriotism who 
should labor to subvert these great pillars of human happiness, 
these firmest props of the duties of Men and Citizens. The 
mere Politician, equally with the pious man, ought to respect 
and to cherish them. A volume could not trace all their con- 
nections with private and public felicity. Let it simply be asked, 
Where is the security for property, for reputation, for life, if the 
sense of religious obligation desert the oaths, which are the in- 
struments of investigation in Courts of Justice.^ And let us 
with caution indulge the supposition that morality can be 
maintained without religion. Whatever may be conceded to 
the influence of rehned education on minds of peculiar struc- 
ture, reason and experience both forbid us to expect that na- 
tional morality can prevail in exclusion of religious liberty. 

It is substantially true that virtue or morality is a necessary 
spring of popular government. The rule, indeed, extends with 
more or less force to every species of free government. Who 
that is a sincere friend to it can look with indifference upon 
attempts to shake the foundation of the fabric } 

Promote, then, as an object of primary importance, institu- 
tions for the general diffusion of knowledge. In proportion as 
the structure of a government gives force to public opinion, it 
is essential that public opinion should be enlightened. 

As a very important source of strength and security, cherish 
public credit. One method of preserving it is to use it as spar- 
ingly as possible ; avoiding occasions of expense by cultivating 



1796.] FAREWELL ADDRESS. 201 

peace, but remembering also that timely disbursements to pre- 
pare for danger frequently prevent much greater disbursements 
to repel it ; avoiding, Hkevvise, the accumulation of debt, not 
only by shunning occasions of expense, but by vigorous exer- 
tions in time of peace to discharge the debts which unavoidable 
M^ars may have occasioned ; not ungenerously throwing upon 
posterity the burden which we ourselves ought to bear. The 
execution of these maxims belongs to your representatives ; but 
it is necessary that public opinion should cooperate. To facili- 
tate to them the performance of their duty, it is essential that 
you should practically bear in mind, that towards the payment 
of debts there must be revenue ; that to have revenue there 
must be taxes ; that no taxes can be devised which are not 
more or less inconvenient and unpleasant ; that the intrinsic 
embarrassment inseparable from the selection of the proper 
objects (which is always a choice of difficulties) ought to be a 
decisive motive for a candid construction of the conduct of the 
government in making it, and for a spirit of acquiescence in the 
measures for obtaining revenue, which the public exigencies 
may at any time dictate. 

Observe good faith and justice towards all nations ; cultivate 
peace and harmony with all. Religion and morality enjoin 
this conduct; and can it be that good policy does not equally 
enjoin it } It will be worthy of a free, enlightened, and, at no 
distant period, a great nation, to give to mankind the magnan- 
imous and too novel example of a people always guided by an 
exalted justice and benevolence. Who can doubt that, in the 
course of time and things, the fruits of such a plan would 
richly repay any temporary advantages which might be lost by 
a steady adherence to it.^ Can it be that Providence has not 
connected the permanent felicity of a nation with its virtue } 
The experiment, at least, is recommended by every sentiment 
which ennobles human nature. Alas ! is it rendered impossible 
by its vices ? 

In the execution of such a plan, nothing is more essential than 
that permanent, inveterate antipathies against particular nations, 
and passionate attachment for others, should be excluded : and 
that in place of them, just and amicable feelings towards all 
should be cultivated. The nation which indulges tow^ards 
another an habitual hatred, or an habitual fondness, is, in some 
degree, a slave. It is a slave to its animosity or to its affection ; 
either of which is sufficient to lead it astray from its duty and 
its interest. Antipathy in one nation against another, disposes 
each more readily to offer insult and injury, to lay hold of 
slight causes of umbrage, and to be haughty and untractable, 
when accidental or trifling occasions of dispute occur. Hence 
frequent collisions, obstinate, envenomed, and bloody contests. 



202 FEDERAL SUPREMACY. [1796. 

The nation, prompted by ill-will and resentment, sometimes 
impels to war the government, contrary to the best calculations 
of policy. The government sometimes participates in the 
national propensity, and adopts, through passion, what reason 
would reject ; at other times, it makes the animosity of the 
nation subservient to projects of hostility instigated by pride, 
ambition, and other sinister and pernicious motives. The peace 
often, sometimes perhaps the Hberty of nations, has been the 
victim. 

So, hkewise, a passionate attachment of one nation for another 
produces a variety of evils. Sympathy for the favorite nation, 
facilitating the illusion of an imaginary common interest, in 
cases where no real common interest exists, and infusing into 
one the enmities of the other, betrays the former into a partici- 
pation in the quarrels and wars of the latter, without adequate 
inducement or justification. It leads also to concessions to the 
favorite nation of privileges denied to others, which is apt 
doubly to injure the nation making the concessions, by unneces- 
sarily parting with what ought to have been retained, and by 
exciting jealousy, ill-will, and a disposition to retaliate in the 
parties from whom equal privileges are withheld ; and it gives 
to ambitious, corrupted, or deluded citizens (who devote them- 
selves to the favorite nation) facility to betray or sacrifice the 
interest of their own country, without odium, sometimes even 
with popularity ; gilding with the appearances of a virtuous 
sense of obligation, a commendable deference for public opinion, 
or a laudable zeal for public good, the base or foolish compli- 
ances of ambition, corruption, or infatuation. 

As avenues to foreign influence, in innumerable ways, such 
attachments are particularly alarming to the truly enlightened 
and independent patriot. How many opportunities do they 
afford to tamper with domestic factions, to practice the arts of 
seduction, to mislead public opinion, to influence or awe the 
public councils ; such an attachment of a small or weak toward 
a great and powerful nation dooms the former to be the satellite 
of the latter. 

Against the insidious wiles of foreign influence (I conjure you 
to believe me, fellow-citizens) the jealousy of a free people ought 
to be constantly awake ; since history and experience prove that 
foreign influence is one of the most baneful foes of republican 
government. But that jealousy, to be useful, must be impartial ; 
else it becomes the instrument of the very influence to be 
avoided, instead of a defense against it. Excessive partiality for 
one foreign nation, and excessive dislike of another, cause those 
whom they actuate to see danger only on one side, and serve to 
veil and even second the arts of influence on the other. Real 
patriots, who may resist tlie intrigues of the favorite, are liable 



1796.] FARE WELL ADDRESS. 203 

to become suspected and odious ; while its tools and dupes 
usurp the applause and confidence of the people to surrender 
their interests. 

The great rule of conduct for us, in regard to foreign nations, 
is, in extending our commercial relations, to have with them as 
little political connection as possible. • So far as we have 
already formed engagements, let them be fulfilled with perfect 
good faith. Here let us stop. 

Europe has a set of primary interests which to us have none, 
or a very remote relation. Hence she must be engaged in 
frequent controversies, the causes of which are essentially 
foreign to our concerns. Hence, therefore, it must be unwise 
in us to implicate ourselves, by artificial ties, in the ordinary 
vicissitudes of her politics, or the ordinary combinations and 
coUisions of her friendships or enmities. 

Our detached and distant situation invites and enables us to 
pursue a different course. If we remain one people under an 
efficient government, the period is not far off when we may 
defy material injury from external annoyance ; when we may 
take such an attitude as will cause the neutrality we may at any 
time resolve upon to be scrupulously respected ; when belligerent 
nations, under the impossibility of making acquisitions upon us, 
will not lightly hazard the giving us provocation ; when we 
may choose peace or war as our interest, guided by justice, shall 
counsel. 

Why forego the advantages of so peculiar a situation ? Why 
quit our own to stand upon foreign ground } Why, by inter- 
weaving our destiny with that of any part of Europe, entangle 
our peace and prosperity in the toils of European ambition, 
rivalship, interest, humor, or caprice ? 

It is our true policy to steer clear of permanent alliances with 
any portion of the foreign world, — so far, I mean, as we are now 
at Hberty to do it ; for let me not be misunderstood as capable 
of patronizing infidelity to existing engagements. I hold the 
maxim no less applicable to public than to private affairs, that 
honesty is always the best policy. I repeat it, therefore, let 
those engagements be observed in their genuine sense. But, in 
my opinion, it is unnecessary, and vvould be unwise, to extend 
them. 

Taking care always to keep ourselves, by suitable establish- 
ments, on a respectable defensive posture, we may safely trust 
to temporary alliances for extraordinary emergencies. 

Harmony and a liberal intercourse with all nations are recom- 
mended by policy, humanity, and interest. But even our com- 
mercial pohcy should hold an equal and impartial hand, neither 
seeking nor granting exclusive favors or preferences ; consulting 
the natural course of things ; diffusing and diversifying, by 



204 FEDERAL SUPREMACY. [1796. 

gentle means, the streams of commerce, but forcing nothing; 
establishing — with powers so disposed, in order to give trade a 
stable course, to define the rights of our merchants, and to en- 
able the government to support them — conventional rules of 
intercourse, the best that present circumstances and mutual 
opinions will permit, but temporary, and liable to be from time 
to time abandoned or varied as experience and circumstances 
shall dictate ; constantly keeping in view that it is folly in one 
nation to look for disinterested favors from another ; that it 
must pay with a portion of its independence for whatever it 
may accept under that character ; that by such acceptance it 
may place itself in the condition of having given equivalents for 
nominal favors, and yet of being reproached with ingratitude 
for not giving more. There can be no greater error than to 
expect or calculate upon real favors from nation to nation. It 
is an illusion which experience must cure, which a just pride 
ought to discard. 

In offering to you, my countrymen, these counsels of an old 
and affectionate friend, I dare not hope they will make the 
strong and lasting impression I could wish ; that they will con- 
trol the usual current of the passions, or prevent our nation from 
running the course which has hitherto marked the destiny of 
nations : but, if I may even flatter myself that they may be pro- 
ductive of some partial benefit, some occasional good ; that 
they may now and then recur to moderate the fury of .party 
spirit, to warn against the mischiefs of foreign intrigues, to 
guard against the impostures of pretended patriotism, — this 
hope will be a full recompense for the solicitude for your welfare 
by which they have been dictated. 

How far, in the discharge of my official duties, I have been 
guided by the principles which have been delineated, the public 
records and other evidences of my conduct must witness to you 
and to the world. To myself, the assurance of my own con- 
science is that I have at least beheved myself to be guided by 
them. 

In relation to the still subsisting war in Europe, my procla- 
mation of the 22d of April, 1793, is the index to my plan. 
Sanctioned by your approving voice, and by that of your Rep- 
resentatives in both Houses of Congress, the spirit of that meas- 
ure has continually governed me, uninfluenced by any attempts 
to deter or divert me from it. 

After deliberate examination, with the aid of the best lights 
I could obtain, I was well satisfied that our country, under all 
the circumstances of the case, had a right to take, and was 
bound in duty and interest to take, a neutral position. Having 
taken it, I determined, as far as should depend upon me, to 
maintain it, with rnoderation, perseverance, and firmness, 



1796.] FAREWELL ADDRESS. 205 

The considerations which respect the right to hold this con- 
duct it is not necessary on this occasion to detail. I will only 
observe that, according to my understanding of the matter, that 
right, so far as being denied by any of the belligerent powers, has 
been virtually admitted by all. 

The duty of holding a neutral conduct may be inferred, with- 
out anything more, from the obligation which justice and human- 
ity impose on every nation, in cases in which it is free to act, to 
maintain inviolate the relations of peace and amity toward other 
nations. 

The inducements of interest for observing that conduct will 
best be referred to your own reflections and experience. With 
me, a predominant motive has been to endeavor to gain time to 
our country to settle and mature its yet recent institutions, and 
to progress without interruption to that degree of strength and 
consistency which is necessary to give it, humanly speaking, the 
command of its own fortunes. 

Though, in reviewing the incidents of my administration, I 
am unconscious of intentional error, I am nevertheless too sen- 
sible of my defects not to think it probable that I may have com- 
mitted many errors. Whatever they may be, I fervently be- 
seech the Almighty to avert or mitigate the evils to which they 
may tend. I shall also carry with me the hope that my country 
will never cease to view them with indulgence ; and that, after 
forty-five years of my life dedicated to its service with an up- 
right zeal, the faults of incompetent abilities will be consigned 
to oblivion, as myself must soon be to the mansions of rest. 

Relying on its kindness in this as in other things, and actuated 
by the fervent love toward it which is so natural to a man who 
views in it the native soil of himself and his progenitors for sev- 
eral generations, I anticipate with pleasing expectation that re- 
treat in which I promise myself to realize, without alloy, the 
sweet enjoyment of partaking, in the midst of my fellow-citizens, 
the benign influence of good laws under a free government, the 
ever favorite object of my heart, and the happy reward, as I 
trust, of our mutual cares, labors, and dangers. 

GEORGE WASHINGTON. 

United States, September ijtk, 1796. 

The political contests of Washington's second term had 
been greatly affected by foreign influences. Feeling for 
France had become a dominating part of the Repub- 
lican creed, and had been dwelt upon until it became 
almost a political issue. The Republicans had made 
gains in some elections and had made vile attacks on 



2o6 FEDERAL SUPREMACY. [1796. 

Washington ; still they were not very much stronger than 
in 1793. 

When it was known that Washington would not accept 
reelection, the Federalists looked to John Adams as his 
successor; and Jefferson was the undisputed choice of the 
Republicans. Although the Republicans had grown 
strong, it seemed most natural to choose John Adams 
president. His ability and integrity were acknowledged, 
in spite of his defective judgment; and, as vice-president 
he seemed the rightful successor. In the ordinary 
administration of the government the Federalists had done 
well in the eyes of moderate Republicans. They 
retained a good degree of confidence of a majority of the 
people. Still, the Rejiublicans were so strong and Jeffer- 
son so popular, that Adams had a majority of but three, 
and Jefferson became vice-president. 

In 1797, political parties were clearly formed and almost 
evenly balanced. In the first four years of government 
Political Parties under the Constitution, the Republicans 
in 1797. had made gains owing to unpopular but 

judicious acts of the administration ; in the next four 
years they had continued to gain, owing chiefly to the 
course of the government on foreign affairs ; so that in 
1797 they were almost as strong as the Federalists. Dur- 
ing these eight years the Republicans had suggested no 
public policy ; they had proposed no legislation, nor 
advocated any positive step, unless alliance with France 
could be called one. Their whole course had been 
simple but persistent opposition to Federal measures ; 
their only policy had been one of negation. 

Adams began his administration with a determination 

to follow Washington's neutral policy. He was almost 

Adams's immediately (May, 1797), compelled to 

Administration. call an extra session of Congress on 

account of the insolent action of France in abruptly dis- 



1 797-] FRENCH MISSION. 207 

missing C. C. Pinckney, the American Minister. Adams 

informed Congress that he should send 
X Y Z Mission. , ° _ 

three envoys to r ranee to endeavor to 

prevent a rupture. His decision had been reached with- 
out consultation with his Cabinet, or any Federal leaders, 
and was considered by them as arrogant and imprudent. 
The people, however, generally considered the course 
judicious. 

The French government did not treat directly with the 
envoys, but sent three agents to them, who made a num- 
ber of useless and disgraceful propositions, and finally 
told them that the United States must make the French 
Directory a large present in money before they would 
negotiate further. This being refused, two of the envoys, 
Marshall and Pinckney, were ordered to leave France ; 
but Gerry, who was a Republican, and known to hold 
French views, was allowed to remain. When Gerry re- 
turned, a little later, his course was severely criticised; for 
he had accomplished nothing, and had been very injudi- 
cious. 

The envoys made a report of their mission and desig- 
nated the three agents of the French government by the 
Result of letters X Y Z, as they had agreed not 

XYZ Mission. to divulge their names. When it was 
known that a bribe had been demanded, public indigna- 
tion was aroused, and Pinckney's exclamation, '' millions 
for defense; not one cent for tribute," was everywhere 
repeated. The mission was designated as the "XYZ 
mission." 

The feeling against France, on account of these acts, 

became so bitter that many who had before sym- 

Warlike pathized with her, now turned against 

Preparations. her. The Republicans still sided with 
her, as a party, and denounced England ; but lost largely 
m strength for so doing. The Federalists declared that 
French designs were really hostile, and cited many 



2o8 FEDERAL SUPREMACY. [1798. 

recent acts of injustice. So strong was this feeling, that 
the Federal majority largely increased in Congress. 
Preparations for war were made, and Washington was 
appointed commander-in-chief of the army. 

The Federal leaders saw that the party had gained 

greatly, both in Congress and throughout the country, 

Belief of the owing to the feeling against France. 

Federal Leaders. They knew that until this feeling had 
been aroused, their party had been slowly declining ; be- 
cause its principles were those of a minority of the people 
only. They felt that the formation and adoption of the 
Constitution, with the ensuing benefits of improved credit 
and resuscitated commerce, were due to them. They 
honestly believed that continued prosperity depended on 
their continuance in power ; that the Republicans would 
prostitute the nation to be the instrument of the states ; 
and that now an opportunity was offered them to pass 
such measures as were required to suppress villainous 
attacks on the president, and promote order generally. 

Inspired with these ideas, the Federal leaders proposed 

and carried three very vigorous measures. The first 

Action of the was an Alien Law which vested in 

Federal Leaders, the president power to order from 
the country any alien whom he might judge dan- 
gerous to public peace, or to cause his imprisonment 
if he failed to obey. The second was a Sedition Law, 
which imposed severe punishment on any who should 
seek to injure the government by false or scandalous 
reports or should conspire to oppose it. The third was a 
revision of the Naturalization Laws, making it more diffi- 
cult for foreigners to become citizens. 

The Federalists hoped, by these measures, to secure 

and promote good order ; to render assaults, like those 

Objects of the which had been made on Washington, 

Federal Leaders, impossible ; to prevent willful and ma- 
licious misrepresentations of the government, such as 



1798.] FEDERAL ERRORS. 209 

violent Republicans had made ; and to suppress the 
influence of foreigners. If these ends could be accom- 
plished, they believed that the Federal party would 
continue to administer the government, to the great 
advantage of the people ; while the Republican party, 
with its state sovereignty theories and communistic lead- 
ers, would continually decrease in numbers. 

The Alien and Sedition acts were the most arbitrary 

ones that had ever been passed. The Republicans thought 

^,. , that they were designed to cripple 

of the tkem ; and the people, generally, saw 

Federal Leaders. ^^^ ^^^ came dangerously near tran- 
scending constitutional limits. The Federal leaders did 
not understand the real sentiment of the country. They 
thought that because they had framed the Constitution, 
and had been intrusted to put it in motion, they would 
continue to receive support. They did not see that 
the hostility which had been shown to the Constitu- 
tion had become enmity to Hamilton and his Federal 
friends since its adoption; because it was believed that the 
Federalists desired to use greater powers than the Consti- 
tution gave. They did not comprehend that when they 
passed the Alien and Sedition laws, they did so only in 
a moment of excitement, and they did not perceive 
that the very measures by which they expected to perpet- 
uate their power would speedily react against them. The 
course they pursued was due to a strong patriotism, and a 
total misconception of the feeling of the country. They 
honestlybelieved that the RepubHcans would reduce the 
nation to be the creature of the states, as the Confederation 
had been, and that, consequently, the welfare of the 
country demanded that they remain in power ; they failed 
to see that the people had placed them in power to in- 
augurate the government only, 'and would hardly have 
trusted them at all, had they not framed the Constitution, 
and had not Washington been chief executive. 



210 FEDERAL SUPREMACY. [1798. 

The Federalists were blind to all these facts and pro- 
ceeded to inflict punishment under the obnoxious laws. 
Jefferson's Jefferson feared that the government 
Course. would become absolutely despotic, and 

determined to assert the individual sovereignty of the 
states as an antidote to the centralizing tendency of 
the Alien and Sedition acts. He, accordingly, prepared 
a set of resolutions declaring that the Union was a 
compact between sovereign states ; they were slightly 
modified and offered in the Kentucky legislature by George 
Nicholas, and a similar set was offered in the Virginia 
legislature by Madison, at Jefferson's instigation. Both 
sets of resolutions were adopted ; they are known as the 
Kentucky and Virginia resolutions of 1798. 

These resolutions possess deep political significance ; 

they were planned and framed by Jefferson, and formu- 

,, ^ , , late Republican doctrine. They are 

Kentucky and . ^ . ^ 

Virginia given here entire because they form 

Resolutions. ^^^g basis of the Republican creed, and 
prove that Jefferson laid the basis for the doctrine of 
nullification. 

KENTUCKY RESOLUTIONS OF 1798. 
Drafted by Thomas Jefferso7i. 

The following resolutions passed the House of Representa- 
tives of Kentucky, November 10, 1798, On the passage of the 
first resolution, one dissentient ; 2d, 3d, 4th, 5th, 6th, 7th, 8th, 
two dissentients ; 9th, three dissentients. 

I. Resolved, That the several states composing the United 
States of America, are not united on the principle of unlimited 
submission to their general government ; but that by compact 
under the style and title of a Constitution for the United States, 
and of amendments thereto, they constituted a general govern- 
ment for special purposes, delegated to that government certain 
definite powers, reserving, each state to itself, the residuary mass 
of right to their own self-government : and, that whensoever 
the general government assumes undelegated powers, its acts 
are unauthoritative, void, and of no force ; that to this compact 
each state acceded as a state, and is an integral party ; that 



1798.] KENTUCKY RESOLUTIONS. 211 

this government, created by this compact, was not made the 
exclusive or final judge of the extent of the powers delegated to 
itself ; since that would have made its discretion, and not the 
Constitution, the measure of its powers ; but that, as in all 
other cases of compact among parties having no common judge, 
each party has an equal right to judge for itself, as well of 
infractions as of the mode and measure of redress. 

2. Resolved, That the Constitution of the United States hav- 
ing delegated to Congress a power to punish treason, counter- 
feiting the securities and current coin of the United States, 
piracies and felonies committed on the high seas, and offenses 
against the laws of nations, and no other crimes whatever ; and 
it being true, as a general principle, and one of the amendments 
to the Constitution having also declared, " that the powers not 
delegated to the United States by the Constitution, nor pro- 
hibited by it to the states, are reserved to the states respectively, 
or to the people," therefore also the same act of Congress, 
passed on the 14th day of July, 1798, and entitled " An act in 
addition to the act entitled An act for the punishment of certain 
crimes against the United States ; " as also the act passed by 
them on the 27th day of June, 1798, entitled " An act to punish 
frauds committed on the Bank of the United States," (and all 
other their acts which assume to create, define, or punish crimes 
other than those enumerated in the Constitution), are altogether 
void and of no force, and that the power to create, define, and 
punish such other crimes is reserved, and of right appertains 
solely and exclusively to the respective states, each within its 
own territory. 

3. Resolved, That it is true, as a general principle, and is also 
expressly declared by one of the amendments to the Constitu- 
tion, that " the powers not delegated to the United States by 
the Constitution, nor prohibited by it to the states, are reserved 
to the states respectively, or to the people ; " and that no power 
over the freedom of religion, freedom of speech, or freedom of 
the press being delegated to the United States by the Constitu- 
tion, nor prohibited by it to the states, all lawful powers respect- 
ingf the same did of rijjht remain, and were reserved to the 
states or to the people ; that thus was manifested their deter- 
mination to retain to themselves the right of judging how far 
the licentiousness of speech and of the press may be abridged 
without lessening their useful freedom, and how far those abuses 
which cannot be separated from their use should be tolerated 
rather than the use be destroyed ; and thus also they guarded 
against all abridgment by the United States, of the freedom of 
religious principles and exercises, and retained to themselves 
the right of protecting the same, as this, stated by a law passed 
on the general demand of its citizens, had already protected 



212 FEDERAL SUPREMACY. [1798. 

them from all human restraint or interference : and that, in addi- 
tion to this general principle and express declaration, another 
and more special provision has been made by one of the amend- 
ments to the Constitution, which expressly declares, that " Con- 
gress shall make no laws respecting an establishment of religion, 
or prohibiting the free exercise thereof, or abridging the freedom 
of speech, or of the press," thereby guarding in the same sen- 
tence, and under the same words, the freedom of religion, of 
speech, and of the press, insomuch that whatever violates either, 
throws down the sanctuary which covers the others ; and that 
libels, falsehood, and defamation, equally with heresy and false 
religion, are withheld from the cognizance of federal tribunals. 
That therefore the act of the Congress of the United States, 
passed on the 14th of July, 1798, entitled " An act in addition to 
the act entitled An act for the punishment of certain crimes 
against the United States," which does abridge the freedom of 
the press, is not law, but is altogether void and of no force. 

4. Resolved, That alien friends are under the jurisdiction and 
protection of the laws of the state wherein they are : that no 
power over them has been delegated to the United States, nor 
prohibited to the individual states distinct from their power over 
citizens ; and it being true, as a general principle, and one of the 
amendments to the Constitution ha^'ing also declared, that " the 
powers not delegated to the United States by the Constitution, 
nor prohibited to the states, are reserved to the states respect- 
ively, or to the people," the act of the Congress of the United 
States, passed the22d day of June, 1798, entitled "An act con- 
cerning aliens," which assumes power over alien friends not 
delegated by the Constitution, is not law, but is altogether void 
and of no force. 

5. Resolved, That in addition to the general principle as well 
as the express declaration, that powers not delegated are 
reserved, another and more special provision inferred in the 
Constitution, from abundant caution has declared, " that the 
migration or importation of such persons as any of the states now 
existing shall think proper to admit, shall not be prohibited by 
the Congress prior to the year 1808." That this commonwealth 
does admit the migration of alien friends described as the sub- 
ject of the said act concerning aliens ; that a provision against 
prohibiting their migration, is a provision against all acts equiv- 
alent thereto, or it would be nugatory ; that to remove them 
when migrated is equivalent to a prohibition of their migration, 
and is, therefore, contrary to the said provision of the Constitu- 
tion, and void. 

6. Resolved, That the imprisonment of a person under the 
protection of the laws of this commonwealth on his failure to 
obey the simple order of the President to depart out of the 



1 798. ] KEN TUCK V RE SOL UTIONS. 2 1 3 

United States, as is undertaken by the said act, entitled, " An 
act concerning aliens," is contrary to the Constitution, one 
amendment in which has provided, that " no person shall be 
deprived of liberty without due process of law," and, that 
another having provided, "that in all criminal prosecutions, the 
accused shall enjoy the right to a public trial by an impartial 
jury, to be informed as to the nature and cause of the accusa- 
tion, to be confronted with the witnesses against him, to have 
compulsory process for obtaining witnesses in his favor, and to 
have assistance of counsel for his defense," the same act under- 
taking to authorize the President to remove a person out of the 
United States who is under the protection of the law, on his own 
suspicion, without jury, without public trial, without confronta- 
tion of the witnesses against him, without having witnesses in 
his favor, without defense, without counsel, is contrary to these 
provisions also of the Constitution, is therefore not law, but 
utterly void and of no force. 

That transferring the power of judging any person who is 
under the protection of the laws, from the courts to the Presi- 
dent of the United States, as is undertaken by the same act 
concerning aliens, is against the article of the Constitution 
which provides, that " the judicial power of the United States 
shall be vested in the courts, the judges of which shall hold their 
office during good behavior," and that the said act is void for 
that reason also ; and it is further to be noted that this transfer 
of judiciary power is to that magistrate of the general govern- 
ment who already possesses all the executive, and a qualified 
negative in all the legislative powers. 

7, Resolved, That the construction applied by the general 
government (as is evident by sundry of their proceedings), to 
those parts of the Constitution of the United States which dele- 
gate to Congress power to lay and collect taxes, duties, imposts, 
excises ; to pay the debts, and provide for the common defense 
and general welfare of the United States, and to make all laws 
which shall be necessary and proper for carrying into execution 
the powers vested by the Constitution in the government of the 
United States, or any department thereof, goes to the destruc- 
tion of all the hmits prescribed to their power by the Constitu- 
tion : That words meant by that instrument to be subsidiary 
only to the execution of the limited powers, ought not to be so 
construed as themselves to give unlimited powers, nor a part so 
to be taken as to destroy the whole residue of the instrument : 
That the proceedings of the general government under color of 
those articles, will be a fit and necessary subject for revisal and 
correction at a time of greater tranquillity, while those specified 
in the preceding resolutions call for immediate redress. 

8. Resolved, That the preceding resolutions be transmitted 



214 FEDERAL SUPREMACY. [1798. 

to the Senators and Representatives in Congress from this 
commonwealth, who are enjoined to present the same to their 
respective Houses, and to use their best endeavors to procure at 
the next session of Congress a repeal of the aforesaid unconsti- 
tutional and obnoxious acts. 

9. Resolved, lastly, That the governor of this commonwealth 
be, and is hereby authorized and requested to communicate 
the preceding resolutions to the legislatures of the several states, 
to assure them that this commonwealth considers union for 
special national purposes, and particularly for those specified in 
their late federal compact, to be friendly to the peace, happiness 
and prosperity of all the states that, faithful to that compact, 
according to the plain intent and meaning in which it was under- 
stood and acceded to by the several parties, it is sincerely anx- 
ious for its preservation ; that it does also believe, that to take 
from the states all the powers of self-government, and transfer 
them to a general and consolidated government, without regard 
to the special delegations and reservations solemnly agreed to in 
that compact, is not for the peace, happiness, or prosperity of 
these states ; and that, therefore, this commonwealth is deter- 
mined, as it doubts not its co-states are, to submit to undele- 
gated and consequently unlimited powers in no man or body of 
men on earth ; that if the acts before specified should stand, 
these conclusions would flow from them ; that the general gov- 
ernment may place any act they think proper on the list of 
crimes and punish it themselves, whether enumerated or not 
enumerated by the Constitution as cognizable by them ; that 
they may transfer its cognizance to the president or any other 
person, who may himself be the accuser, counsel, judge, and 
jury, whose suspicions may be the evidence, his order the sen- 
tence, his officer the executioner, and his breast the sole record 
of the transaction ; that a very numerous and valuable descrip- 
tion of the inhabitants of these states, being by this precedent 
reduced as outlaws to the absolute dominion of one man and 
the barriers of the Constitution thus swept from us all, no ram- 
part now remains against the passions and the power of a 
majority of Congress, to protect from a Hke exportation or other 
grievous punishment the minority of the same body, the legisla- 
tures, judges, governors, and counsellors of the states, nor their 
other peaceable inhabitants who may venture to reclaim the con- 
stitutional rights and liberties of the states and people, or who, 
for other causes, good or bad, may be obnoxious to the view or 
marked by the suspicions of the president, or be thought dan- 
gerous to his or their elections or other interests, public or per- 
sonal ; that the friendless alien has been selected as the safest 
subject of a first experiment ; but the citizen will soon follow, 
or rather has already followed ; for already has a sedition act 



1798.] KENTUCKY RESOLUTIONS. 215 

marked him as a prey : that these and successive acts of the 
same character, unless arrested on the threshold, may tend to 
drive these states into revolution and blood, and will furnish 
new calumnies against republican governments, and new pre- 
texts for those who wish it to be believed, that man cannot be 
governed but by a rod of iron ; that it would be a dangerous 
delusion were a confidence in the men of our choice to silence 
our fears for the safety of our rights ; that confidence is every- 
where the parent of despotism ; free government is found in 
jealousy and not in confidence ; it is jealousy and not confidence 
which prescribes limited constitutions to bind down those whom 
we are obliged to trust with power ; that our Constitution has 
accordingly fixed the Hmits to which, and no farther our confi- 
dence may go ; and let the honest advocate of confidence read 
the alien and sedition acts, and say if the Constitution has not 
been wise in fixing limits to the government it created, and 
whether we should be wise in destroying those limits ^ Let him 
say what the government is, if it be not a tyranny, which the 
men of our choice have conferred on the president, and the 
president of our choice has assented to and accepted over the 
friendly strangers, to whom the mild spirit of our country and its 
laws had pledged hospitality and protection ; that the men of our 
choice have more respected the bare suspicions of the president 
than the sohd rights of innocence, the claims of justification, 
the sacred force of truth, and the forms and substance of law 
and justice. In questions of power, then, let no more be said of 
confidence in man, but bind him down from mischief by the 
chains of the Constitution. That this commonwealth does 
therefore call on its co-states for an expression of their sentiments 
on the acts concerning ahens, and for the punishment of certain 
crimes hereinbefore specified, plainly declaring whether these 
acts are or are not authorized by the federal compact. And it 
doubts not that their sense will be so announced as to prove 
their attachment to limited government, whether general or par- 
ticular, and that the rights and liberties of their co-states will be 
exposed to no dangers by remaining embarked on a common 
bottom with their own ; but they will concur with this common- 
wealth in considering the said acts as so palpably against the 
Constitution as to amount to an undisguised declaration, that 
the compact is not meant to be the measure of the powers of 
the general go/ernment, but that it will proceed in the exercise 
over these states of all powers whatsoever. That they will view 
this as seizing the rights of the states and consolidating them in 
the hands of the general government, with a power assumed to 
bind the states (not merely in cases made federal) but in all 
cases whatsoever, by laws made, not with their consent, but by 
others against their consent ; that this would be to surrender 



2i6 FEDERAL SUPREMACY, [1798. 

the form of government we have chosen, and Hve under one 
deriving its powers from its own will, and not from our author- 
ity ; and that the co-states recurring to their natural rights in 
cases not made federal, will concur in declaring these void and 
of no force, and will each unite with this commonwealth in 
requesting their repeal at the next session of Congress, 

Edmund Bullock, S. H. R. 

John Campbell, S. P. T. 

Passed the House of Representatives, Nov. 10, 1798. 

Attest, Thos. Todd, C. H. R, 

In Senate, Nov. 13, 1798. — Unanimously concurred in. 

Attest, B. Thurston, C. S. 

Approved Nov. 19, 1798. 

Jas. Garrard, Gov. of Ky. 

By the Governor, Harry Toulmin, Sec. of State. 

House of Representatives, Thursday, Nov. 14, 1799. 



VIRGINIA RESOLUTIONS OF 1798, 

Drafted by Jaines Madison^ 

In the Virginia House of Delegates, 

Friday, December 21, 1798. 

Resolved, That the General Assembly of Virginia doth une- 
quivocally express a firm resolution to maintain and defend the 
Constitution of the United States, and the constitution of this 
state, against every aggression either foreign or domestic ; and 
that they will support the government of the United States in 
all measures warranted by the former. 

That this assembly most solemnly declares a w^arm attachment 
to the Union of the states, to maintain which it pledges its pow- 
ers ; and, that for this end, it is their duty 'o watch over and 
oppose every infraction of those principles which constitute the 
only basis of that Union, because a faithful observance of them 
can alone secure its existence and the public haopiness. 

That this assembly doth explicitly and perer:iptorily declare, 
that it views the powers of the federal government, as resulting 
from the compact to which the states are parties, as limited by 
the plain sense and intention of the instrument constituting that 
compact, as no farther valid than they are authorized by the 
g-rants enumerated in that compact ; and that ii\ case of a de- 
liberate, palpable and dangerous exercise of other powers, not 
granted by the said compact, the states, who are parties thereto, 
have the right, and are in duty bound, to interpose, for arrest- 
ing the progress of the evil, and for maintaining within their 



1798] VIRGINIA RESOLUTIONS. 217 

respective limits the authorities, rights, and liberties appertain- 
ing to them. 

That the General Assembly doth also express its deep regret, 
that a spirit has, in sundry instances, been manifested by the 
federal government, to enlarge its powers by forced construc- 
tions of the constitutional charter which defines them ; and 
that indications have appeared of a design to expound certain 
general phrases (which, having been copied from the very lim- 
ited grant of powers in the former Articles of Confederation, 
were the less liable to be misconstrued) so as to destroy the 
meaning and effect of the particular enumeration which neces- 
sarily explains, and hmits the general phrases, and so as to con- 
solidate the states by degrees into one sovereignty, the obvious 
tendency and inevitable result of which would be, to transform 
the present republican system of the United States into an ab- 
solute, or at best, a mixed monarchy. 

That the General Assembly doth particularly protest against 
the palpable and alarming infractions of the Constitution in the 
two late cases of the "Alien and Sedition Acts," passed at the 
last session of Congress ; the first of which exercises a power 
nowhere delegated to the federal government, and which, by 
uniting legislative and judicial powers to those of executive, sub- 
verts the general principles of free government, as well as the 
particular organization and positive provisions of the Federal 
Constitution ; and the other of which acts exercises, in like 
manner, a power not delegated by the Constitution, but on the 
contrary, expressly and positively forbidden by one of the 
amendments thereto ; a power which, more than any other, 
ought to produce universal alarm, because it is levelled against 
the right of freely examining public characters and measures, 
and of free communication among the people thereon, which 
has ever been justly deemed the only effectual guardian of every 
other right. 

That this state having by its Convention, which ratified the 
Federal Constitution, expressly declared, that among other es- 
sential rights, " the liberty of conscience and the press cannot 
be cancelled, abridged, restrained, or modified by any authority 
of the United States," and from its extreme anxiety to guard 
these rights from every possible attack of sophistry and ambi- 
tion, having with other states recommended an amendment for 
that purpose, which amendment was, in due time, annexed to 
the Constitution, it would mark a reproachful inconsistency, and 
criminal degeneracy, if an indifference were now shown to the 
most palpable violation of one of the rights, thus declared and 
secured ; and to the establishment of a precedent which may be 
fatal to the other. 

That the good people of this commonwealth, having ever felt, 
10 



2l8 FEDERAL SUPREMACY. [1798. 

and continuing to feel the most sincere affection for their breth- 
ren of the other states ; the truest anxiety for estabhshing and 
perpetuating the Union of all ; and the most scrupulous tidehty 
for that constitution, which is the pledge of mutual friendship, 
and the instrument of mutual happiness : the General Assembly 
doth solemnly appeal to the like disposition in the other states, 
in confidence that they will concur with this commonwealth, in 
declaring, as it does hereby declare, that the acts aforesaid are 
unconstitutional ; and that the necessary and proper measures 
will be taken by each for co-operating with this state, in main- 
taining unimpaired the authorities, rights, and liberties, reserved 
to the states, respectively, or to the people. 

That the governor be desired to transmit a copy of the fore- 
going resolutions to the executive authority of each of the other 
states, with a request that the same may be communicated to 
the legislature thereof ; and that a copy be furnished to each of 
the senators and representatives representing this state in the 
Congress of the United States. 

Attest: JOHN STEWART. 

1798, December 24th. Agreed to by the Senate. 

H. BROOKE. 

The Kentucky resolutions were originally drafted by 

Jefferson and are a concise formulation of his own 

« „ creed and that of the Republican party. 

Summary of . . 

Kentucky and Vir- They assert that the Union is a com- 
g-inia Resolutions p^^^. between states ; that there is no 
common judge, and that each party — that is each state — 
must decide for itself of infractions (Res. I), They 
assert that the government possesses only enumerated 
powers (Res. II and III) ; that the Alien and Sedition 
Acts were unconstitutional (Res. Ill and IV), and that 
the construction of the Constitution which the Federal- 
ists believed in was dangerous to liberty (Res. VII). The 
Virginia resolutions are similar in tone. Both sets were 
sent to the legislatures of the different states. By some 
they were ignored and by others repudiated, the northern 
states generally declaring emphatically against them. 
Both Kentucky and Virginia repeated their resolutions 
in 1799 in still more explicit form. They were, however, 
so badly received, that the senators and representatives 



i797-i8oo.] THE ELECTION, 219 

of Kentucky and Virginia did not venture to present 
them in Congress. 

The Alien and Sedition acts and the Kentucky and 
Virginia resolutions were respectively strong manifesta- 
Nature of Alien ^^^ns of the character and principles of 
and Sedition Acts, the parties which originated them. The 
vfrSSfaeL^lS? ^cts showed how firmly the Federalists 
tions. believed in the right to use the enumer- 

ated and " all other powers " of the Constitution. The 
resolutions proved that the Republicans still cherished 
the groundless theory of state sovereignty ; one was 
the natural antipode of the other. 

The people generally considered the Alien and Sedition 
Acts arbitrary and dangerous ; the convictions under 
R It f them were unpopular ; the danger of 

Alien and Sedition war with France decreased, and it began 
'^°*^- to be thought that the FederaUsts had 

taken advantage of the excitement to try to perpetuate 
their power. This feeling grew stronger. The Republi- 
cans made gains everywhere. 

Early in 1797, Adams appointed three envoys to go to 
France to try to settle affairs, and again omitted to con- 
Second Mission to sult his Cabinet. His neglect greatly 
France. increased the feeling which some of 

the Federal leaders had held towards him, and caused a 
breach between him and them. Hamilton was the ablest 
and most influential Federalist. Adams felt that his Cabi- 
net had greater regard for Hamilton than for himself, and 
his strangely independent course was largely due to a 
desire to remain free from Hamilton's influence. 

As the election approached, Hamilton advocated C. C. 
Pinckney as more suitable than Adams for the presi- 
Eiection of dency ; but the mass of the Federalists 

1800. preferred to vote for Adams for presi- 

dent and Pinckney for vice-president. This, however, 
made little difference, as Federal defeat was assured. 



22b FEDERAL SUPREMACY. [1801. 

The Republicans voted for Jefferson and Aaron Burr, the 
latter being a thoroughly unprincipled man, whose only- 
rule of action was the subversion of all means to gratify 
his ambition. In the electoral college, Jefferson and Burr 
were tied, both having eight votes more than Adams. 
The election was consequently thrown into the House, 
where the vote was by states. Neither party had a 
majority of the states, as some of them were divided. The 
Federalists so hated Jefferson that they used their in- 
fluence in Burr's favor, in spite of the advice of Hamil- 
ton, who knew his despicable character. After thirty-six 
ballots, Jefferson was elected president and Burr became 
vice-president. With this election Federal supremacy 
ended. 

The period of twelve years, from 1789 to 1801, had 

been formative in character. The work done was new 

. and, in a large degree, experimental. 

Federal Suprem- The Federalists had been elected under 
^^- a new Constitution to form a govern- 

ment and put it in motion. Their work was all positive 
and aggressive. The condition of the countiy demanded 
radical and energetic measures ; the Federalists saw it 
and met the demand. Federalists had been chosen to 
Congress and to most offices because they had framed 
the Constitution, and so had acquired a certain eclat. 
The measures they proposed and carried were more 
vigorous than the people desired ; opposition increased 
under the old Anti- Federal leaders. As new measures 
were passed, a well defined opposition became apparent ; 
it became very strong, and was still increasing when 
foreign insult revived and strengthened the Federalists. 
In the height of their new power the Federalists passed 
such arbitrary acts that, when the excitement passed^ 
they lost far more than they had gained, and provoked a 
feeling of distrust. On the strength of this feeling the 

Republicans (as the Anti-Federalists were called after 



1789-1801.] REVIEW OF FEDERALISM. i2\ 

they became compact and organized under Jefferson) 
came into power. The feeling of the country was 
becoming so strong in their favor that Jefferson was accus- 
omed to speak of the election as the " Revolution of 1800." 

In these twelve years the Federalists had put in suc- 
cessful operation the Constitution which they had framed 
Federal and adopted. They had established a 

Achievements. j^g^ government ; made a credit for 
the country ; revived industry and commerce, and brought 
back prosperity. They had accomplished a gigantic task. 

The Republicans had come into existence, under a few 
Anti-Federal leaders who had opposed the Constitution, 
Republican ^^ ^ party of negation. Their first acts 

Achievements, had been those of uncertain opposition. 
As the Federalists passed new meas- 
ures, they became more determined in opposition, and 
pursued a uniform policy of negation, under Jefferson's 
guidance. Their principles were avowed by Jefferson in 
1798, and consisted chiefly in the so-called right of the 
states to nullify acts of the nation. If this can be called 
a national policy it was purely a negative one. The 
Republicans had proposed no national policy and were 
united merely as an opposition party. Their organization 
was due to Jefferson's leadership, and it rested with him 
to frame a policy for them when they came into power. 



' Inauguration of the Government and Establish- 
ment of its Departments, . 1789. 

Funding Public Debt, S '' Domestic Debt. 
^^ < 2. i-oreign Debt. 

^^ (3. State Debts. 

National Bank, .... 1790-91. 
Discord under Adams, . . 1797. 

Decrease of Federal Strength, . 1797. 
Popular Indignation against France, 1798. 
Increase of Federal Strength, . 1798. 

Alien and Sedition Acts, . . 1798. 
Consequent Decay of Federal Party, i799-i8chd. 



Federal 

Supremacy. 

1789-1801. 



CHAPTER III. 

REPUBLICAN SUPREMACY. 

The Republican party came into power in 1801, their 
presidential candidate having received a small majority ; 
Favorable ^^^ "^^^^ popular feeling turning steadily 

Outlook in their favor. No man could ask for 

brighter prospects than those which 
greeted Jefferson at the time of his inauguration. The 
government was firmly established and loyal feeling 
toward the Constitution was increasing. The great ques- 
tions which had fallen to the Federalists in the first eight 
years of their work had been settled. A definite policy 
had been framed by the government. Public credit was 
good ; industry, commerce and agriculture had every- 
where revived. Prosperity was reestablished and confi- 
dence had returned. Jefferson came into office at the 
time that these results of the adoption of the Constitution, 
and the policy of the Federalists, were beginning to be 
realized. A judicious course would continue them, and 
ensure to his administration all the credit for them. 

At his inauguration, Jefferson outlined the policy which 
he should pursue : The government would use only those 
Hepublican specified powers which were absolutely 

Policy. necessary ; the states would have oppor- 

tunity to strengthen themselves ; the public debt would 
be paid, and all public burdens reduced. He hoped, also, 
to see party spirit disappear. This programme was attract- 
ive and popular. Jefferson designed that it should appeal 
to the people and gain strength for his party. He formed 



i8o3] LOUISIANA PURCHASE. 2^3 

his cabinet of leading Republicans, of whom the chief one, 
Madison, was Secretary of State. 

The offices, then existing, had been filled by Washing- 
ton with persons friendly to the government, as was neces- 

S oils S stem ^^^^ ^^ secure faithful service, and give 
the Constitution a fair trial. Most of 
these office-holders became Federalists as parties developed. 
When Jefferson was elected, there was a demand for offices 
for good Republicans. There were none vacant. Jeffer- 
son, therefore, made removals and appointed his friends, 
thus inaugurating the spoils system. When assailed by 
the Federalists for making removals without good cause, 
he replied that few died ; none resigned ; what was to be 
done but to make removals ? He inaugurated the spoils 
system in a modest way, and originated the doctrine of 
nullification in the Kentucky resolutions ; though the 
odium of both these pernicious acts has fallen on the 
men, Jackson and Calhoun, who, respectively, first en- 
larged the one into great proportions, and developed the 
other to its logical results. 

At the first session of Congress Jefferson sent in a writ- 
ten message instead of delivering an address in person as 

Presidential Washington and Adams had done. He 
Message. claimed to do it as an act of republican 

simplicity ; but the Federalists asserted that it was because 
he was awkward, and a poor speaker. 

In 1802 France acquired from Spain the Louisiana ter- 
ritory, embracing an immense tract of land stretching 
Purchase of Louis- from the Gulf of Mexico almost to the 
iana. Pacific. Jefferson saw the danger that 

would threaten us, if a powerful European power con- 
trolled an area almost as large as the United States, and 
immediately adjoining them. He, accordingly, sent James 
Monroe to France to assist Livingston, the minister, in 
negotiation. Napoleon would do but one thing ; he 
would sell Louisiana, and therefore the commissioners 



2 24 REPUBLICAN SUPREMACY. [1803. 

agreed to purchase it for $15,000,000. They made the 
purchase because they believed it to be necessary to the 
safety of the country. 

Jefferson recognized that the Constitution did not enu- 
merate any right to purchase foreign territory, and that, 

Republican consequently, he was arrogating to him- 

and Federal Views ,. ^ • ^ ^ ^ ^ , • 

of it. self a power which he had proclaimed 

did not belong to him. He felt his anomalous position, 
and proposed to remedy it by a constitutional amendment 
which would confer the power. Republican leaders, how- 
ever, now that they were in office, did not find it so neces- 
sary to limit the powers of the government, and the amend- 
ment was never proposed. From a Federal point of view 
the purchase might be defended, because such an act is 
a prerogative of sovereignty. But even Federalists hesi- 
tated to assert that the sovereignty of the Union would 
include so decisive an act. Jefferson's only possible 
defense, from his own standpoint, was a plea for the 
necessity of immediate action. Enormous interests were 
involved ; the United States could not afford to have 
France hold the western half of the country, and nothing 
"but purchase seemed possible. These facts seemed to 
excuse the violation of Republican doctrine, especially 
as the party proudly declared that the result was due to 
their peace principles and diplomacy. 

The XII Amendment was passed by Congress at the 
session of 1802-03. The trouble, the excitement and 

the prospect of danger which had 
XII Amendment. \ ^ \ ^, , ,^ . . , 

attended Jefferson s election had made 

it evident that a change of method was desirable. The 
Federalists said that the Republicans desired the change 
that Jefferson's reelection might not be hazarded by 
another tie vote. The amendment was agreed to by the 
requisite number of states and became part of the Con- 
stitution. It has been explained in its proper place. 
Nothing occurred during Jefferson's first administra- 



i8o4.] JEFFERSON' S REELECT^N. 225 

tion to retard the growing prosperity of the country. 
Politics in The benefits resulting from the adop- 

1804. tion of the Constitution, and the judi- 

cious policy inaugurated under Washington had become 
very marked, and Jefferson received credit for them. 
The Federalists' expectations of danger from Republican 
rule had not been fulfilled. All things seemed to con- 
duce to strengthen the RepubHcan party and make 
Jefferson more popular. 

As the election approached, the Federal leaders settled 
upon Thomas Pinckney and Rufus King as their candi- 
Electionof dates. Jefferson was the only choice 

1804. of ^]^Q RepubHcans for president, and 

George Clinton, one of the ablest and strongest of 
northern Republicans, was selected for vice-president. 
In the electoral college the Federalists had but fourteen 
votes, and the Republicans received one hundred and 
sixty-two. 

This very decisive Republican victory showed what 

changes had taken place in the surface of politics 

Nature of the ^^^^^ ^^^ previous election. In 1800, 

Republican Vic- Jefferson's majority was but eight 

tory. ^o^.gg . -^ jg^^^ .^ ^^^ ^^^ hundred 

and forty-eight votes. This would seem to indicate a 
complete change of public feeling. The remarkable 
difference, however, was on the surface only. It has 
been shown that the mass of the people never thoroughly 
sympathized with the Federalists and that a majority 
had supported them simply because they believed it 
necessary to do so ; that, as the country grew stable and 
prosperous under the Constitution, an opposition party 
grew strong and, under Jefferson, organized as Repub- 
Hcans ; and that in 1797, the Federalists, strengthened 
by foreign insult, passed extreme measures which reacted 
against themselves, and provoked a feeling of hate and 
distrust which reduced them to a minority in 1800. This 



2 26 REPUBLICAN SUPREMACY. [1805-06. 

defeat was the beginning of the end. The causes above 
enumerated increased in strength, all uniting in one 
effect — the ruin of the FederaHsts as a party. The 
maximum of Jefferson's good fortune was reached in 
1804, when the Republican candidates were brilliantly 
elected. Jefferson called his great majority a vindication 
of his character and policy. 

The second term of Jefferson's administration opened 

with foreign relations growing more dubious. The re- 

Jefferson's taliatory measures of England and 

Second Term. France threatened our shipping, and 
made necessary some provision for its protection. Jeffer- 
son ardently desired an economical administration and, 
moreover, was opposed to a navy. He, therefore, pro- 
posed that some gun-boats be built. Those acquainted 
with nautical affairs ridiculed the plan ; but a subservient 
Congress at once provided for its execution. 

Relations with England were becoming strained, much 
as they were in 1794 when Washington sent Jay to nego- 
Treaty of tiate a treaty. Jefferson now sent 

^^^^- James Monroe and William Pinkney 

for the purpose. They completed a treaty, late in 1806, 
and sent it to Jefferson. He was not satisfied with it, 
because it was not much more favorable to us than Jay's 
treaty had been. He did not send it to the Senate 
(which, with the president, is the treaty-making power) ; 
but performed an act superior in assumption and arro- 
gance to the purchase of Louisiana. He quietly laid the 
treaty away and told the commissioners to recommence 
negotiations. The purchase of Louisiana could be 
defended on the ground of necessity ; but this act was 
indefensible. It was important that our relations with 
England should be pacific, as large and growing com- 
mercial and shipping interests were involved. Jefferson 
was utterly heedless of these interests and arrogantly 
refused to submit the treaty to his advisers in the treaty- 



i8o7.] FOREIGN AFFAIRS. 227 

making power. By so doing he made our relations with 
England more involved and dangerous. 

Up to this time, the two greatest assumptions of power 
ever arrogated to itself by the government, had been 
Jefferson's Arro- assumed by Jefferson. His Louisiana 
gance. purchase and his course with the treaty 

far exceeded anything which the Federalists had done. 
But both acts were popular with his party. The Republi- 
cans censured arrogance and assumption only when they 
were opposed to their wishes ; when they proved to be 
advantageous, they applauded, them. 

In the summer of 1807 the ill-feeling of the Republi- 
cans toward England was increased and the indignation 

Chesapeake of ^^^ country was aroused by the 

Affair. attack of the English frigate Leopard 

on the Chesapeake and the imprisonment of four of her 

seamen. Jefferson ordered EngHsh ships of war not to 

enter our ports and convened Congress for October. 

The Orders in Council of England, and the Decrees of 
France had destroyed all neutral shipping other than 
Foreign American. We had suffered about 

Relations. equally from both countries until Eng- 

land became virtual master of the seas. It was then highly 
important that our relations with her should be cordial. 
The treaty of 1806 would have gone far to make them so. 
Jefferson's high-handed rejection of it did much to 
embitter them and to precipitate a rupture. His course 
gave color to the belief of Federalists that he wished to 
provoke hostilities with England. 

When Congress met in October (1807) Jefferson recom- 
mended an embargo, as a peaceful method of coercing 
Embargo of England. The Republican majority in 

1807. Congress immediately followed his ad- 

vice and passed the desired act. It forbade any vessels, 
owned in the United States, to leave for any foreign port, 
and compelled vessels engaged in the coasting trade to give 



228 REPUBLICAN SUPREMACY. [1807. 

bonds to land their cargoes within the United States. It 
was literally rushed through Congress, and came upon 
the people like a thunderbolt. The Federalists resisted 
it in Congress, as did Randolph and a few other dis- 
affected Republicans ; but in vain. They prophesied the 
ruin of our shipping ; the destruction of our commerce, 
and the disasters which would follow in their train. The 
Republicans would not heed. Jefferson had advised, and 
they obeyed. In excuse of Jefferson's unwise and harm- 
ful course, it may be said that he had received no bus- 
iness training ; that he was not practical, and that he 
firmly believed that if we refused to trade with 
England for a time she would come to terms. This 
feeling had obtained, more or less, ever since the colo- 
nies had combined to reject all goods of English man- 
ufacture. 

The Federalists were bitterly indignant at the passage 
of the embargo. They knew that England was far too 
Reception of the powerful to be coerced by us ; they 
Embargo. gaw that we alone would suffer, and 

they believed that the act was aimed especially at New 
England, which was the home of Federalism. It seemed 
to the Federalists as inexcusable and evil a measure as 
the Alien and Sedition Acts had seemed to the Republi- 
cans. 

By degrees the effect of the embargo became so injuri- 
ous in New England, and the protests against it so loud and 

Effect of the vehement, that the Republicans began 
Embargo. ^o see that they must modify or repeal 

it. When Congress met, a year after passing it, they 
agreed to make a change, and substituted for it the Non- 
Non-Intercourse Intercourse Act. By this act, the 
'^°*- embargo was to exist, in the future, as 

to England and France only. With other nations com- 
merce was to be free. 

For the approaching election C. C Pinckney and Rufu§ 



1808-09.] JEFFERSON'S ADMINISTRA TION. 229 

King were nominated by the Federalists. Jefferson 
Election of refused another renomination and 

1808. allowed it to be known that he pre- 

ferred Madison for his successor. Madison was accord- 
ingly nominated, with George Clinton again for vice- 
president. Madison received one hundred and twenty- 
two votes and Pinckney forty-seven. The majority was 
but seventy-five, while in 1804 it had been one hundred 
and forty-eight. 

Jefferson's second term had not been so smooth and 
prosperous as his first one. The greater compHcation of 

_ , ^ foreign affairs had been more than he 

Review of » , tt 1 1 • ^ j ^i 

Jefferson's Second could control. He had rejected the 

Term. treaty, and had adopted measures 

which injured the country, and produced a hostile feeling 
towards his party. His administration closed with the 
modification of the embargo, known as the Non-Inter- 
course Act, still on the statute books. He left to his 
successor a difficult and complicated task. 

Jefferson's eight years of office saw great changes. In 
his first term, the prosperity due to the Federal measures 

^ . ^ T *P of the preceding years bore full fruit, 
Review of Jeffer- ^ , , , tt- 

son's Adminis- and he reaped the harvest. His great 

tration. deed was the Louisiana purchase. 

In his second term he injudiciously rejected the English 
treaty, and suggested the Embargo Act, which greatly 
weakened the country and threatened to divide New 
England from it. Public feeling had continually strength- 
ened in Jefferson's favor in his first term ; in his second 
term it made no advance, but rather fell back, because 
his course was so far from wise. Some of those Federal- 
ists who had voted with the Republicans left that party, 
and in 1809 the Federalists had made some gains in New 
England, but not many elsewhere. The electoral vote 
indicated this, in a Republican majority which was strong, 
but less than that of four years before. 



230 REPUBLICAN SUPREMACY. [1809-10. 

James Madison was able, scholarly and moderate. He 
had proposed the Virginia plan, which became the basis 

Madison's Char- of the Constitution ; he had harmonized 
acter. thg conflicting elements in the Consti- 

tutional Convention, and he had secured the vote of the 
Virginia convention for the Constitution. In Congress he 
had been considered a Federal leader at first ; because 
his judgment made him act on moderate Federal princi- 
ples. But when he found that Virginia was thoroughly- 
Republican, and that all hope of advancement depended 
upon sympathy with his state, he began to defer to the 
predominant feeling. By degrees, he ranged himself with 
the Republicans, refusing office under Washington, and 
became Jefferson's secretary of state. In taking this 
course, he did not deliberately sacrifice principle. His 
reason would have made him a Federalist, but a very 
moderate one ; — his interests, associations and ambitions 
made him a Republican. The complications in which 
the country was involved in 1809 made it a difficult time 
for any man to assume the executive office. For Madison it 
was peculiarly hard; because he did not possess the aggres- 
sive spirit of leadership, and the power of quick decision 
which enable men to cut their way through difficulties. 

At the beginning of Madison's term, the English 
minister exceeded his instructions, in the negotiations 

Relations with which were being carried on, and 
England. promised a very satisfactory course on 

the part of England. Madison, therefore, revoked the 
Non-Intercourse Act, as applied to England. But the 
English minister had gone too far to suit his government ; 
he was recalled, and the Non-Intercourse Act was restored. 
Although France pretended to have withdrawn her 
decrees, there was so little evidence of it that England 

Relations with would not revoke her orders. The 

France. Republicans, however, had faith in 

France, and suspended the Non-Intercourse Act as applied 



i8ii.] NEW LEADERS. 231 

to her. At the beginning of 181 1 it was in force against 
England only, and she was the very country to whom we 
were most closely linked by shipping and commercial 
interests, and with whom our relations might have been 
reasonably cordial had not Jefferson rejected Monroe's 
and Pinkney's treaty. 

The charter of the National Bank, established in 1791 
at Hamilton's suggestion, opposed then by the Anti- 
National Federal leaders, and the second 
Bank. subject which went far to develop party 
lines, was about to expire. The Bank had proved so 
useful that it had made many friends among the Repub- 
licans, and its recharter was only defeated by a very 
scant majority. Republicans in power had been a different 
party from Republicans out of power. Since 1801 they 
had bought Louisiana and performed other acts more arbi- 
trary than anything which the Federalists had done. They 
were now (181 1) almost ready to charter a national bank. 
Though thus changing their opinions when confronted with 
the administration of the government, they adhered to 
many original principles, especially in the southern states. 

In the twelfth Congress (Nov., 181 1), the older men who 
had been through the Revolution and all its after struggles, 
New Republican were fewer in number ; and a younger 
Leaders. generation, led by Clay, Calhoun and 

Crawford, was numerically stronger. The revolutionary 
statesmen of the south had generally been educated in 
England. The new generation had possessed no such 
advantage ; but had been reared in the rough times of 
the Revolution. The Republican party had its chief 
strength in the south. The younger men who were 
beginning to control it, were strong in ambition and patri- 
otism, but deficient in education and breadth of culture. 
They had grown up with a feeling of hostility towards 
England and now that they were coming into power were 
determined on revenge, 



232 REPUBLICAN SUPREMACY. [18 12. 

Madison was too experienced and too judicious not to 
know that war with England would cripple us. He could 
"War Forced on not encourage it. The new leaders 
Madison. gg^^ ^-j^is a^Yid determined on a war can- 

didate for 1 8 13 if Madison would not consent to war. 
Clay and a committee waited upon him and brazenly told 
him that his renomination depended on his proposing a 
declaration of war. It was very hard for Madison, after 
all his long and faithful work, to be thus insulted. He 
could not bear to feel that he should receive less than 
Jefferson, whose work for the country had been so inferior 
to his own ; nor could he conquer his ambition to secure 
a reelection. He consequently gave the required 
assurance. 

There had been rumors afloat for some time, to the 
effect that the New England states would leave the Union, 
PnrcliaseofPoliti- ^-^d that England would sustain them, 
cal Information. ^ person named Henry claimed to 
have authentic information concerning the alleged plan. 
He tried to sell his information to the English Govern- 
ment, but, being repulsed, he turned to Madison. Such 
proof as was promised would be valuable to the Republi- 
cans and would destroy the Federalists as a party. 
Madison paid Henry $50,000 for it. On examination, it 
proved to consist of rumor and hearsay stories only. It 
had no weight, and little effect. The administration was 
made ludicrous by its childish course. 

In the spring of 1812 another embargo was laid. Soon 
after, it was found that nothing could be hoped for from 
Declaration of England, and war was resolved on. 
"^^^- The new Republican leaders were de- 

termined that the proposition should emanate from Madi- 
son. He, therefore, sent to Congress a message review- 
ing the troubles with England and suggesting war as the 
remedy. Congress immediately declared war and Madi- 
son signed the bill on June i8th, A considerable mi- 



i8i2.] DECLARATION OF WAR. 233 

nority in Congress and throughout the country opposed 
the measure, but the war wing of the RepubHcans was 
strong enough to carry it. 

During Jefferson's administration the term Democrat 
had come into more common use. In Madison's first 
The Name Demo- four years it had gained a strong foot- 
crat. hold, and now (181 2) was so generally 

used as to supersede Republican. Henceforth we shall 
style the party Democratic. 

Madison received the Democratic nomination, in con- 
sequence of his message favoring war, and Elbridge 
Election of Gerry was nominated for vice-presi- 

1813. dent. Democrats who were dissatisfied 

with the war, nominated George Clinton. The Federal- 
ists decided to support Clinton, as it was useless for them 
to nominate a candidate, but they voted for Jared IngersoU 
for vice-president. Madison received 128 votes and Clinton 
89 ; the majority was 39 votes. In 1809 it had been 75 votes. 

Madison's first term began amid complications and 
ended in a declaration of war. The president gladly 
Madison's First would have found a way out of the 
Term. tangle ; but the war Democrats were 

gaining the ascendency ; they were securing the control 
of their party and of national legislation. Madison could 
not stem the current. He drifted with it to secure 
renomination and reelection, and gained the odium of 
being the tool of younger and less experienced men, and 
of plunging the nation into an almost useless war. 

New England was wholly opposed to the war and be- 
lieved that the Republicans had brought it on in order to 
Feeling- In Tuin the northeastern states. Some of 

New England. the New England states retaliated by 
refusing to furnish troops. The war was miserably man- 
aged and the British were almost universally successful on 
the land. On the water, our vessels won a number of 
victories, which inspired the administration. 



234 REPUBLICAN SUPREMACY. [1814-15. 

New England felt the war so severely, that she deter- 
mined to present an emphatic protest. against it. A con- 
Hartford Con- vention was held at Hartford, Decem- 
vention. j^gj., 1814, in which the New England 

states were represented. The delegates deliberated with 
closed doors. They considered the origin and effects of 
the war, the injury it inflicted on New England, and drew 
up a protest . against it. The administration, frightened 
at the existence of a convention, sent an officer to Hartford 
to learn what he could about it ; but he found no trace 
of any thing dangerous. The delegate sent to Washing- 
ton by the convention, reached there just as the news of 
peace arrived (Feb., 1815) and so did not present his 
protest. The resolutions of the Convention are given 
herev/ith. 

Resolutions Passed by the Hartford Convention, 
January 4, 181 5. 

Resolved, That it be and is hereby recommended to the 
Legislatures of the several States represented in this Convention, 
to adopt all such measures as may be neccessary effectually to 
protect the citizens of said States from the operation and effects 
of all acts which have been or may be passed by the Congress 
of the United States, which shall contain provisions subjecting 
the militia or other citizens to forcible drafts, conscriptions, or 
impressments not authorized by the Constitution of the United 
States. 

Resolved, That it be and is hereby recommended to the said 
Legislatures, to authorize an immediate and an earnest applica- 
tion to be made to the Government of the United States, 
requesting their consent to some arrangement whereby the said 
States may, separately or in concert, be empowered to assume 
upon themselves the defense of their territory against the enemy, 
and a reasonable portion of the taxes collected within said 
states may be paid into the respective treasuries thereof, and 
appropriated to the balance due said states and to the future 
defense of the same. The amount so paid into said treasuries 
to be credited, and the disbursements made as aforesaid to be 
charged to the United States. 

Resolved, That it be and hereby is recommended to the 
Legislatures of the aforesaid states, to pass laws where it has 
not already been done, authorizing the Governors or Comman- 



i8i5.] HARTFORD RESOLUTIONS. 235 

ders-in-Chief of their Militia to make detachments from the 
same, or to form volunteer corps, as shall be most convenient 
and conformable to their Constitutions, and to cause the same 
to be well armed, equipped, and held in readiness for service, 
and upon request of the Governor of either of the other states, 
to employ the whole of such detachment or corps, as well as the 
regular forces of the state, or such part thereof as may be 
required, and can be spared consistently with the safety of the 
state, in assisting the state making such request to repel any 
invasion thereof which shall be made or attempted by the public 
enemy. 

Resolved, That the following amendments of the Constitution 
of the United States be recommended to the states represented 
as aforesaid, to be proposed by them for adoption by the State 
Legislatures, and in such cases as may be deemed expedient by 
a convention chosen by the people of each state. And it is 
further recommended that the said states shall persevere in their 
efforts to obtain such amendments, until the same shall be 
effected. 

*First. Representatives and direct taxes shall be apportioned 
among the several states which may be included within this 
Union, according to their respective numbers of free persons, 
including those bound to serve for a term of years, and excluding 
Indians not taxed, and all other persons ; 

Second. No new state shall be admitted into the Union by 
Congress, in virtue of the power granted in the Constitution, 
without the concurrence of two-thirds of both houses ; 

Third. Congress shall not have power to lay an embargo on 
the ships or vessels of the citizens of the United States, in the 
ports or harbors thereof, for more than sixty days ; 

Fourth. Congress shall not have power, without the concur- 
rence of two-thirds of both houses, to interdict the commercial 
intercourse between the United States and any foreign nation or 
the dependencies thereof; 

Fifth. Congress shall not make nor declare war, nor authorize 
acts of hostility against any foreign nation, without the concur- 
rence of two-thirds of both houses, except such acts of hostility 
be in defense of the territories of the United States when actually 
invaded ; 

Sixth. No person who shall hereafter ba naturalized shall be 
eligible as a member of the Senate or House of Representatives 
of the United States, or capable of holding any civil office under 
the authority of the United States ; 

Seventh. The same person shall not be elected President of 
the United States a second time, nor shall the President be 
elected from the same state two terms in succession. 

Resolved, That if the application of these states to the govern- 



236 REPUBLICAN SUPREMACY. [1815-16. 

ment of the United States, recommended in a foregoing resolu- 
tion, should be unsuccessful, and peace should not be concluded, 
and the defense of these states should be neglected, as it has 
been since the commencement of the war, it will, in the opinion 
of this convention, be expedient for the legislatures of the several 
states to appoint delegates to another convention, to meet at 
Boston, in the State of Massachusetts, on the third Monday of 
June next, with such powers and instructions as the exigency of 
a crisis so momentous may require. 

Resolved, That the Honorable George Cabot, the Honorable 
Chauncey Goodrich, the Honorable Daniel Lyman, or any two 
of them, be authorized to call another meeting of this conven- 
tion, to be holden in Boston at any time before new delegates 
shall be chosen as recommended in the above resolution, if in 
their judgment the situation of the country shall urgently re- 
quire it. 



Commissioners had been sent abroad in 18 14 to meet 
English commissioners to negotiate for peace. After 
Treaty of many protracted conferences peace had 

Peace. been made ; but the Democrats lost 

the very object for which they had plunged the nation into 
war. According to them, England was to be compelled to 
stop impressments, and to leave alone our vessels. In 
the treaty, nothing was said of impressments ; the war 
failed of its nominal object. 

The people were so rejoiced at the close of the war that 
moderate Federalists forgot their distrust of Democratic 

Besultofthe principles. Jackson's victory at New 
War. Orleans was so brilliant that it dazzled 

the country. Our many disasters were forgotten, and all 
who had inveighed against the war were looked upon as 
traitors. The Democrats showed themselves willing to 
forget their strict construction doctrines and to sometimes 
act vigorously. In the spring of 181 6 they chartered a 
National Bank for twenty years, modeled after Hamil- 
ton's bank of 1791. The Federalists found no platform 
on which to stand, and rapidly disappeared. 

For president and vice-president the Democrats nom- 



I809-17-] MADISON'S ADMINISTRATION. 237 

inated James Monroe and D. D. Tompkins. The Fed- 
Election of eralists went once more through the 

1816. form of making a nomination, and 

chose Rufus King ; but could agree on no candidate for 
vice-president. Monroe received 183 votes and King 34 
votes ; the majority was 149. Though the four years 
had been stormy, their happy close gave the Democrats 
their large majority. 

Madison's administration was in a very troubled period. 
Jefferson had reaped the benefits of Washington's judi- 
Madison's Second cious course ; but Madison had felt the 

Term. misfortunes resulting from Jefferson's 

unwise policy. In 1809, the logic of events was pointing 
to a rupture in foreign relations which only a very vigorous 
hand could stay. Madison did not have that hand. He 
was old and worn in the service, and before becoming 
president had accomplished more for his country than 
did Adams or Jefferson. He longed for the honor of 
a second term. To secure it, he consented to a war 
which he knew would prove useless and injurious. His 
presidential career does him no honor,- while his career 
up to 1809 is second to but one other in its effective 

work. 

In 1809 political parties had been clearly divided, 
though the Democrats had had a powerful majority. 

Parties under During the war, the Federalists felt so 
Madison. aggrieved and injured that they some- 

times said it would be better to break off from the Union. 
But when Jackson's victory and the treaty of peace came, 
the good news caused reaction. The Democrats grew 
stronger and the Federalists so completely disappeared 
that they can hardly be named thereafter as an organiza- 
tion. Their disappearance was aided by the increasing 
confidence felt in the Democrats owing to the establish- 
ment of a National Bank and other old time Federal 
measures. 



238 REPUBLICAN SUPREMACY. [1817-19. 

James Monroe became president on March 4, 181 7. 
A better feeling then existed than had been known since 

Monroe's Char- 1805. The war was over and the peo- 
acter. pjg ^gj-g g^ rejoiced at its close that 

comparative harmony prevailed. The new president had 
been an ardent Republican and was now a strong Demo- 
crat ; but his views were broader than those of most of 
his party. He had enjoyed long experience in public 
affairs ; he had been minister to Paris and to London, and 
had been secretary of state under Madison. These vari- 
ous influences had largely emancipated him from the 
narrowness of the Democratic creed. Still, he formed his 
cabinet of Democrats only. 

The changing tendencies of the Democratic party 
had been seen in the formation of a protective tariff in 

. Modification of ^'^^^' Henry Clay was the leader in 
Democratic Prin- all projects of this nature. He advo- 
cip es. cated schemes which good Jeffersonian 

Republicans would have disowned ten years before. He 
who suggested them then would have been denounced as 
a monarchical Federalist. But the longer the Democrats 
administered the government, the more essential did they 
find it to exercise the implied powers of the Constitution, 
and, consequently, to become more akin to the Federalists 
in their practice. This fact had done much to extinguish 
the Federal party. Had the Democrats clung to their 
narrow doctrines when in power, the Federalists Avould 
have continued to be a powerful minority. Clay led the 
younger Democrats and was the exponent of the broader 
principles of the new wing of the party. 

In 181 9, Monroe followed Jefferson's course and pur- 
chased foreign territory, buying Florida for $5,000,000 

Missouri and from Spain ; but yielding to her the 

Slavery. territory which afterward constituted 

Texas. Early in this year the territory of Missouri 

asked leave to form a state government. It was agreed 



1819-20.] MISSOURI COMPROMISE. 239 

to give her permission and the bill was amended to forbid 
slavery. In this form, it became a purely sectional ques- 
tion, and was barely carried in the House ; but was 
rejected by the Senate. For the first time the question of 
slavery came before Congress in a manner which could 
not be avoided. Societies for the abolition of slavery had 
presented memorials very frequently for twenty years. 
The petitions had been ignored when possible, and when 
considered had been met with violent attacks by the 
slave-holders as incendiary and revolutionary documents. 
Threats of secession had been made in case the memorials 
were respected, and slaveholders had always exhibited a 
most domineering and insolent spirit. The question of 
the extension of slavery was now before Congress. The 
south well knew that their supremacy in national affairs 
depended upon the increase of slave states, as the north 
was gaining much the more rapidly of the two. It was 
necessary to nip in the bud this proposition to prevent 
increase. 

At the next session of Congress (1819-20), Missouri 
again applied to be admitted as a state, as also did Maine. 
Missouri Com- The House agreed, by a sectional vote, 
promise. ^q ^^^^^ ^otj-^ . ^he Senate, by a sec- 

tional vote, cut out the prohibition of slavery, united the two 
bills in one, and then passed them. The House refused 
to ratify the changes of the Senate, and the Senate would 
not recede from its position. Neither state could be 
admitted if the two houses would not agree. To secure 
the admission of both states, Clay urged a compromise 
between the houses of Congress. While an active 
Democratic leader, and the speaker of the House, Clay 
possessed influence with many northern men, owing to 
his liberal views, his abiUty, and his personal attractions. 
Through his efforts the House was induced to agree to 
allow slavery to exist in Missouri but it was to be prohib- 
ited in all the country north of its northern border ; viz : 



240 REPUBLICAN SUPREMACY. [1820-21. 

the line of 36° 30'. In return for this concession, the 
Senate passed the two bills separately in their amended 
form. Missouri and Maine were consequently admitted, 
the one supposed to offset the other. 

Though the compromise placed a line beyond which 
slavery could not pass, the Democratic slave-holders 
gained the real advantage in this contest. The question 
in dispute was, whether Missouri should be admitted 
with slavery or without it. It was admitted with slavery. 
For the sake of this admission an agreement was made 
that slavery should not extend north of '^d'^ 30'. But 
this was of little moment. A majority in Congress could 
revoke it at any time. Its only real effect was to postpone 
the question of the introduction of slavery, north of that 
line, to a time when a new state north of it sought admit- 
tance and desired to maintain slavery. The north and 
south were determined and would not agree. In the 
compromise, the north thought they had settled the ques- 
tion of slavery concerning all territory north of 36^30', 
for all time ; the south knew that they had gained their 
point, and they were content to leave to the future the 
discussions of new encroachments — they had strengthened 
themselves for the next contest. 

In this appearance of slavery as the all-absorbing ques- 
tion, whatever remained of old party lines was extin- 

Effectsof theCom- guished ; and when the exciting word 
promise on Par- . , ^ , 

ties. was mentioned. Congress promptly 

divided into north and south. On other subjects there 

was greater harmony than there had been for years, 

owing to causes which have been already explained. 

Monroe and Tompkins were renominated for 1821 and 

no opposition was made to them. The former received 

228 votes and the latter 215 ; there was one vote for John 

Quincy Adams for president and fourteen scattering 

votes for vice-president. 

Monroe's first term witnessed three great events ; first, 



1821-23.] MONROE DOCTRINE. 241 

the establishment in power of a liberal wing of the Democ- 
Monroe's First racy holding principles very similar to 
Term. those of the FederaHsts. Second, the 

complete disappearance of the Federalists, as a party 
organization, owing to causes beginning with the Alien 
and Sedition Acts ; continuing through opposition to the 
war, and closing with the rise to power of a new school 
of Democrats who held vigorous doctrines, almost like 
their own. Third, the appearance of the slavery question 
in a form which compelled attention, and forced division 
on strictly geographical lines. The effects of these three 
events were hardly felt as yet. The people were harmo- 
nious, and it was only among the leaders and in Congress 
that the changes could be perceived clearly. 

In Monroe's second term, the questions which divided 

Congress related to the implied powers of the Constitu- 

Monroe's Second tion. At first, those who did not believe 

Term. \^ implied powers were stronger ; but 

later, the more liberal wing, led by Clay, had a majority. 

In December, 1823, the president used language in his 

message which has since borne the name of the *' Monroe 

Doctrine." The " Holy Alliance " was then considering 

its course towards Spain's American provinces. The 

president said that the United States would regard an 

attempt by European powers to plant their system upon 

American soil as hostile to themselves. It was a popular 

declaration but of no particular local political significance. 

The political harmony which had lately existed has been 

described as the "era of good-feeling." In it, all great 

Election of leaders had been regarded as Dem- 

1835. ocrats, and five men especially aspired 

to succeed Monroe. They were John Quincy Adams, 

Henry Clay, John C. Calhoun, William H. Crawford and 

Andrew Jackson. The caucus was poorly attended but 

proceeded to nominate Crawford. The friends of the 

other candidates repudiated its action and made it under- 

II 



242 REPUBLICAN SUPREMACY, [1801-25. 

stood that they were candidates, except in the case of 
Calhoun who was generally selected for vice-president. 
The electoral college gave Jackson 99 votes, Adams 
84, Crawford 41, Clay 37 ; and Calhoun 182 for vice- 
president. Calhoun was elected vice-president but there 
was no choice for president. 

The election was thrown into the House, as Jefferson's 
had been in 1801 ; but this time there were three candi- 
dates among whom to choose. Jackson and Crawford 
had never risen to the liberal doctrines of the Clay wing 
of the party ; they were of a more Jeffersonian class. 
Adams had been originally a Federalist, but had acted 
for years, more or less closely, with the Democrats. If 
a Democrat at all, he was a liberal one. Clay was out of 
the race, but had considerable influence which he could 
turn to the advantage of some candidate. His liberal 
principles allied him far more closely to Adams than to 
either of his competitors. It was natural that his friends 
should take Adams as th(;ir second choice. In the elec- 
tion they did vote for him, and he became president. 

The period extending from 1801 to 1825 has been 

designated as that of Republican Supremacy ; because 

Resume of ^^^^ party which came into power in 

Republican Su- 1801 was known as the Republican 

premacy. party. The term democratic was 

repudiated when first applied. By degrees it came into 

use ; it was soon linked with republican in the official 

name of Democratic-Republican Party ; about i8c8 it 

came to be used indiscriminately with republican ; after 

that, it began to displace rei)ublican and, during Monroe's 

administration, entirely superseded it. 

Republican Supremacy covered a period of twenty-four 
years and embraced three administrations. During it, 
the party greatly modified its original doctrines, owing 
chiefly to the character of the men who were its leaders. 
At first, it held the narrowest theory of the powers of the 



I80I-25.] REVIEW. 243 

Constitution ; it broadened slowly until, at last, part of 
its leaders were almost as liberal as the Federalists. When 
the Republicans were so narrow there was strong Federal 
opposition, when they became more liberal the Federalists 
disappeared. 

There are four great characteristics of the era of Repub- 
lican Supremacy. First, prosperity resulting from the 
Federal measures of the twelve preceding years ; second, 
foreign complications resulting from injudicious adminis- 
tration of the government, ending in war ; third, return 
of prosperity and prevalence of good-feeling after the 
close of the war ; fourth, the appearance of the slavery 
question in a form which compelled attention. 

The Federal party was an energetic and defiant minor- 
ity during the first two periods. In the last two it disap- 
peared as an organization. The harmonious feeUng which 
prevailed after the extinction of the Federal organization 
was not due wholly to unity of political sentiment. The 
course of the Federalists during the war, and the brilliant 
success at its close, had combined to disgrace and dis- 
credit them. The fact that the controlling wing of the 
Democrats held liberal views made it easier for the Fed- 
eralists to act with them. The " era of good-feeling " 
consequently obtained. But in 1820 a new force reached 
the surface of politics. It was the slavery question. For 
over thirty years the number of slaves had been increas- 
ing, and the southern Democrats, always the major and 
controlling section of the party, growing stronger. Every 
year they had become more wedded to the institution on 
which their political supremacy was based. Every year 
the north had learned to abhor slavery for its immorality, 
and to dread it for its political power. In 1820 the south 
proposed to extend slavery into a portion of the north- 
west ; the north objected. There was a bitter sectional 
fight, a long struggle and a compromise. The south gained 
its point, with the understanding that it should go no 



244 



REPUBLICAN SUPREMACY. 



1801-25.] 



further. The question was only relegated to the future, 
when greater love of slavery on one hand, and more 
intense abhorrence of it on the other, would make the con- 
test more prolonged and fatal. The compromise of 1820 
gave a fictitious settlement to the question. The har- 
mony which had been hailed under Monroe as the extinc- 
tion of political antagonisms had hidden forces which 
could not but produce conflict when once brought to the 
surface of events. 



< u 

m w I 
t2 p^ :^ 



00 



' Prosperity resulting from Federal Measures, 1801-05 

Purchase of Louisiana, .... 1802 

Increasing Popularity of Republican Party, 1802-06 

Bad Foreign Policy, 1806 

War with England, 181 2 

Return of Prosperity, .... 1815-20 

Increase of Harmony, .... 1815-20 

" Era of Good Feeling," .... 1821-25 



CHAPTER IV. 



FEDERAL-REPUBLICANISM. 



John Quincy Adams became president in 1825. He 
was of Puritan descent, and inherited from his ancestors 

Adams's Char- the uncompromising virtues and severe 
acter. manner which characterized them. He 

had been in public life for forty years, having been in 
the foreign and home service, a commissioner to nego- 
tiate the treaty of 1815, and secretary of state under 
Monroe. He inherited some of his father's peculiarities; 
he was cold and reserved, and sometimes haughty and re- 
pellent. His temper was strong and easily moved, and 
his judgment liable to err from his great earnestness. 
His ability was great ; his convictions deep ; his honesty 
of purpose indisputable. He was perfectly sincere and 
upright and abhorred all trickery and chicanery. When 
he came into competition with other leaders, none of 
whom compared with himself in scrupulous honesty, he 
was at a great disadvantage. His only weapons were 
his able and honest work ; their's were all the arts of the 
politician and demagogue. 

Henry Clay was made secretary of state, he being the 
only great leader holding views akin to the president. 

Politics in Con- There was, in Congress, a strong 
gress. minority opposed to Adams. His 

election had been due wholly to the northern states, and 
southerners looked upon him as a representative of the 
Puritan and old-time Federal sentiment of the north, and 
cordially disliked him, though he had been more or less 



246 FEDERAL-REPUBLICANISM. [1821. 

identified with their party for twenty-five years. A con- 
flict began at once between the president and Con- 
gress. Soon, the House had a majority opposed to 
him, and it disapproved of all his measures. The divis- 
ion line between his supporters and enemies grew 
more distinct ; the former took the name of National- 
Republicans ; the latter continued to constitute the 
Democrats. 

Under Monroe, the Federal party having disappeared, 
there was no cause for Democratic organization. There 
Southern Demo- were few issues directly at stake, and no 
cratic Feeling. party lines for a few years. But in this 
time of quiet a momentous question was arising. It ap- 
peared in 1820 but was smoothed over and forgotten. In 
Adams the south recognized a man who would not com- 
promise or yield. He represented the spirit of undying 
hostility to their great institution. This recognition of 
Adams's character was not formulated, nor did it even 
reach a clear conception in the southern mind. It was 
only a blind feeling that Adams was their enemy. Ten- 
nessee represented this when, a few months after Adams's 
inauguration, it nominated Andrew Jackson for president 
in 1829. 

While Clay, Calhoun, Crawford and Monroe led the 
controlling wing of the Democratic party during the war 
of 1812 and the following years, the increasing influence 
of broader principles was not felt ; but when these broader 
principles caused the election of a northern man like 
Adams who had never surrendered his liberal Federal 
views, the reaction came. The south had lost the presi- 
dency, and one who was linked by every tie to all which 
it hated was in power. Organization for the contest of 
1829 began. So it happened that the south immediately 
declared for Jackson as the next president, and he entered 
into the contest. 

The Democrats, as now again clearly outlined, repre- 



1825-29.] JOHN QUINCY ADAMS. 247 

sented the old narrow theory of Jefferson. The National- 
Democrats and Republicans were an outgrowth of the 
National Kepubli- liberal wing of the Democrats. They 
cans. h.^\dL doctrines which were similar to 

the old ones of the Federalists and which were really a 
modification of them. Under an old Federalist, like 
Adams, the term Federal-Republicans best describes their 
characteristics ; though they themselves adopted the name 
National-Republicans as being more popular. 

In 1828 the National Republicans were strong enough 

to pass a tariff act which was satisfactory to the north and 

Tariff of distasteful to the south. It made clear 

1828. how sectional were pending issues and 
welded the south more closely in its opposition. 

Adams would take no steps to ensure his reelection. 
He would not use his influence in any way, either by con- 
Independence of ciliatory actions or politic appoint- 
Adams. ments. His stern integrity revolted at 

the proposition made to him to prostitute the power of 
the government for political ends. Many who could have 
been won by a different course were lost, and many friends 
were estranged. Such a man could not compete with the 
warm, impetuous and popular Jackson. 

The National-Republicans nominated Adams and Rich- 
ard Rush. The Democrats nominated Andrew Jackson 
Election of and John C. Calhoun.' Adams received 

1829. 3^ votes and Jackson 178 ; the ma- 
jority was 95. The line of southern presidents was thus 
restored. 

The period of Adams's administration was marked by 
political transition. The good feeling of the previous 
Keview of years closed when a man distrusted by 

Adams's Adminis- the south was elected. Adams's elec- 
^°^* tion had showed the strength of the 

north. The south saw it, and at once concentrated itself 
to win the next battle. For four years the contest lasted; 



248 FEDERAL-REPUBLICANISM. [1825-29. 

then, the concentrated and aggressive south won. Two 
political organizations again existed. The Democrats 
descended in natural and unbroken line from the Anti- 
Federalists and Jeffersonian Republicans. The National- 
Republicans had not so perfect a genealogy. First, Fed- 
eralists, then merged in the Republicans ; then, liberal 
Democrats, they at last appeared as a northern party with 
the Federal principles of Hamilton somewhat modified 
by the Republican principles of Jefferson, and called 
National-Republicans. Such is the outline of political 
parties down to Jackson's inauguration in 1829. 

'Federal President and Republican Con- 
Federal- gress. 

Republicanism. \ Uncertainty of a Transition Period. 
1 825-1 829. Reappearance of Party Lines. 

[ Scheming for the Presidential Nomination. 



CHAPTER V. 

MODERN DEMOCRACY. 

Andrew Jackson was the exponent of a class of men 
differing in all characteristics from the six preceding 
Jackson's Char- presidents. Though Washington's fame 
acter. before 1789 had been chiefly military, 

his high character as a civilian had been proved ; so that 
he cannot be designated as a military president — that is, 
one whose election is due solely to his war record. The 
first six presidents were civilians and statesmen. They 
had enjoyed long familiarity with the affairs of govern, 
ment. They were educated and experienced. Madison's 
administration, which brought into prominence the young 
and liberal wing of the Democracy, produced a new gene- 
ration of military heroes. Among them Jackson was the 
greatest. His brilliant success at the close of the war 
of 181 2 and his very effective course in the Seminole 
war had made him a popular hero. His education was 
defective and his civil experience small, though he 
had served in the House and Senate. He possessed a 
very violent temper, and was headstrong and vindictive. 
If once impressed with the idea that any one desired to 
thwart him, he used every means to succeed. His en- 
mities and friendships were exaggerated by his feeling 
that opposition to his measures was personal antagonism. 
Consequently, every contest in which he engaged became 
personal rather than political. 

Cries for the reform of the extravagance of Adams's 

administration had prevailed. Jackson declared that re- 

His form was his mission, and inaugurated it 

Principles. i,y ^ complete development of the spoils 

system, which had been modestly conceived by Jefferson, 



250 MODERN DEMOCRACY. [1829-33. 

He asserted that government should be brought back 
to the simplicity and frugality of Jefferson's time, and 
declared that his principles should be once more prac- 
ticed. This course won support throughout the country, 
though Congress had not a very large majority in his 
favor. 

Jackson, in his first message, referred to the National 
Bank as unconstitutional, and indicated hostility towards 
it. The National- Republicans generally believed in it, 
and were ready to support it. The Bank endeavored to 
prove its value and desired to obtain a new charter, when 
the existing one expired in 1836. At the session of 1832, 
it applied for recharter. Congress granted it and Jackson 
vetoed the bill. The majority for the Bank was not large 
enough to pass the bill over the veto ; but it was believed 
that the people would so favor it as to defeat Jackson's 
reelection. 

While the question of the Bank was in controversy, 
another subject was growing in importance. Great oppo- 
sition existed in the south, especially in South Carolina, 
to the tariff of 1828. Calhoun, now vice-president for 
the second time, exerted a powerful influence in South 
CaroHna. He had slowly developed the claims of the 
Kentucky and Virginia resolutions, until he had reached 
their true inwardness, and he now asserted the doctrine 
of nullification in all its baldness. South Carolina followed 
him. The tariff of 1832 continued protection. South 
Carolina then declared void the tariffs of 1828 and 1832 ; 
forbade obedience to them, and declared that if an at- 
tempt was made to enforce them she would secede from 
the Union. She then prepared for war. 

Jackson was not a man to be dismayed. When opposed, 

his first impulse was to use vigorous measures. He issued 

Jackson's ^ proclamation, showing nullification 

Vigorous Course, to be treason and declaring that he 

would enforce the laws. Though a disciple of Jef- 



1833-] ^ ULLIFICA TION. 2 5 1 

ferson, he had said " Our Federal Union ; it must 
be Preserved." He occupied Charleston with troops 
and prepared to keep his word. Congress soon met and 
passed a bill to enforce the tariff. Calhoun resigned from 
the vice-presidency and was elected Senator from South 
Carolina to lead the nullifiers in Congress. There was a 
bad feeling prevalent. Clay then came forward to pro- 
pose a compromise, as he had in the case of Missouri in 
1820. The result was the Compromise Tariff of 1833. It 
provided for a sliding reduction, so that in ten years the 
tariff would be reduced to twenty per cent. The north 
yielded again to the demands and clamor of the south. 
What was called a compromise was, practically, a south- 
ern victory. Though the north possessed the power, as 
proved by the passage of the Enforcement Act, it hesi- 
tated to hold its own before the aggressiveness of the 
south, and feared to bear the responsibility of rup- 
ture. 

The Democrats nominated Jackson and Martin Van 
Buren, and the National-Republicans nominated Clay and 
John Sergeant. There was also a ticket nominated 

Nominations. by the Anti-Masonic party and com- 

Anti-Masons. posed of William Wirt and Amos Ell- 
maker. The Anti- Masons arose in western New York be- 
tween 1826 and 1830, owing to the disappearance of William 
Morgan, who had exposed the secrets of his organization. 
Morgan was abducted and suffered a mysterious fate. 
The excitement was intense, and bred great hostility to 
the Masons. A party was organized with the object of 
opposing the election of any Mason to office. Based on 
a single idea, it could not be permanent and would disap- 
pear with the excitement which originated it. In 1833 it 
had some strength. The election gave Jackson 219 votes, 
Clay 49 votes, and Wirt 7 votes. Jackson's majority over 
both was 163 votes. 

In 1829 party lines were becoming distinct. The Demo- 



252 MODERN DEMOCRACY. [1829-33. 

crats were declaring allegiance to old Jeffersonian priii- 
Jackson's First ciples, and the National-Republicans 
Term. were very like the old Federalists. Jack- 

son began an aggressive course at once. He developed 
the spoils system to make place for his supporters, and he 
attacked the National Bank. The National Republicans 
allied themselves to the Bank and endeavored to recharter 
It, but failed. The south had grown tired of protection 
and repudiated the tariffs of 1828 and 1832. Calhoun had 
developed the doctrine of nullification and was the leader 
of the extreme party. South Carolina declared the tariff 
void. Jackson said it should be collected. Clay then 
proposed a compromise, which was accepted, and the 
south gained a victory by an arrangement to reduce the 
tariff until it reached twenty per cent. 

In these contests party lines were nearly geographical 
— north and south. The Democrats were united to op- 
pose the tariff, and the more extreme Democrats, follow- 
ing Calhoun, were ready for nullification. The majority 
of the party had not yet reached that point. The north 
favored the tariff, and was able to enforce it ; but feared 
to use its strength. It yielded, as it had in every contest, 
to the threats of the south, which was now fully assured 
of its superiority to the north, and of its power to con- 
trol legislation, by menace, if not by votes. 

Though the National-Republicans retained consider- 
able strength in Congress, the election of 1833 showed 
how greatly the sentiment of the country had turned* in 
Jackson's favor. The claims of reform which had been 
made ; the assertion that the economical principles of 
Jefferson would be restored ; the bold warfare on the Bank 
and the proclamation against nullification, had gained 
great favor with the people. The president's course had 
been as bold in the presidency as in the field. The south 
was won by his Jeffersonian declarations ; the north by 
his course against nullification. It was owing to these 



1833-37 ] ^AR ON THE BANK. 253 

double causes that he received such a majority in 1832. 
Jackson was now the people's president and was as popu- 
lar as Jefferson had been. The National- Republican party, 
attacking him continually in Congress, and befriending 
the unpopular and distrusted Bank, was destroying itself. 
Its popular following was decreasing daily, though in 
Congress it possessed such leaders as Webster and Clay. 
Such was the division of Congress and people when 
Jackson entered his second term. 

Jackson interpreted his large majority as a vindication, 
just as Jefferson had done. He felt sustained by the 
Removal of people and accordingly determined to 
Deposits. renew his warfare on the Bank in a 

more vigorous way. The Secretary of the Treasury was 
authorized to deposit United States money in other de- 
positories than the Bank, for good reason. Jackson deter- 
mined that the Secretary should do this, and so cripple 
the Bank's resources. Louis McLane, the Secretary, 
demurred. He was made Secretary of State and William 
J. Duane was appointed to succeed him. But Duane 
absolutely refused, and pronounced it to be unnecessary 
and unjust. He was removed, and Roger B. Taney was 
appointed. Taney obeyed the president and forbade 
future deposits in the Bank, which, thus crippled, cur- 
tailed its loans and caused derangement of the finances. 
Though no money was removed from, the Bank, the order 
forbidding future deposits of government money in it, is 
always spoken of as the " removal. " The Senate passed 
a resolution of censure on the president for his arbitrary 
course, but the people were pleased by it. 

The Bank continued to show opposition to the presi- 
dent ; but soon became helpless. After its fall, state 
banks were chartered by the several states but without 
adequate provisions to insure stability. The paper 
which they issued was received awhile by the United 
States, but, being of uncertain value, was soon refused. 



254 MODERN DEMOCRACY. [1833-37. 

A great demand for gold arose ; finances became involved 
and the Panic of 1837 followed. 

A National Anti-Slavery Society, formed in 1833, had 
renewed the work of the Quaker societies which had 

Anti-Slavery arisen in the era of Federal supremacy. 
Party. ^\^q north was beginning to awaken to 

the moral evil and the political power of the great south- 
ern " institution, " and a sufficient number of persons were 
found to organize a society to suppress it. 

The south was always quick to feel changes in northern 
sentiment and now saw that it must strengthen itself for 
the prospective contest. Texas was a part of Mexico but 
had declared its independence. The south wished to 
annex it and form from it several new slave states. By 
this means it hoped to more than offset the growing power 
of the north. 

The Anti-Slavery men were designated Abolitionists 
by the slave-holders, and were often ill-treated by the 
partisans of the south. Though few in numbers they 
were regarded by the slaveocracy as very dangerous, as 
their existence seemed to presage a more universal feeling. 
The body of the northern people were not aroused. They 
did not see the danger, and they deprecated excitement. 

Jackson was strong enough to name his successor and 
selected Van Buren, who was nominated, with Richard M. 
Election of Johnson for vice-president. The Na- 

i^^'^- tional-Republican organization had rap- 

idly disintegrated after its defeat in 1833. The name 
Whigs had been applied to those who rallied around old 
Federal principles ; and what was left of the National- 
Republicans organized as Whigs and nominated William 
H. Harrison and Francis Granger. The few remaining 
Anti- Masons supported them also. 

In the election there was a considerable scattering 
vote. Van Buren received 170 ; Harrison 73 ; White 
26 ; Webster 14, and Mangum ix. Van Buren's major- 



I829-37-] JACKSON'S ADMINISTRATION. 255 

ity over all was 47 votes. Johnson did not receive a 
majority for vice-president but was elected by the Senate. 
Jackson's election had established a new period. He 
was a man of uncommon vigor and at once took decisive 
J, . „ steps. He professed Jeffersonian prin- 

Jackson's Admin- ciples. He declared for reform, and 
istration. instituted war against the Bank. By 

these measures he gained the support of the south and 
part of the north. By his denunciation of nullification 
he strengthened his support in the north, so that he was 
reelected by a very large majority. His second term 
continued the measures begun in his first. His adminis- 
tration firmly established the Democratic party in power, 
very much as Jefferson's had established the Republi- 
cans, History repeated itself. The first Adams was 
followed by the complete success of the Republicans ; 
the second, by an equally complete success of the Demo- 
crats. John Adams represented Federalism and was 
overthrown in 1801 ; John Quincy Adams also repre- 
sented Federalism and was overthrown in 1829 by the 
same power, only slightly changed by time, and under a 
different name. The people, generally, still thought that 
a weak government was all that was required. In one 
respect Jackson was not a true index of his party. He 
repudiated nullification, which was a fundamental doc- 
trine of democracy, and was set forth by Jefferson in 
the Kentucky resolutions. This act of Jackson secured 
him large northern support, and blinded the north to 
the increasing arrogance of the south. The head of the 
Democracy having repudiated nulUfication, it was tacitly 
assumed that the party had done the same. Under this 
delusion, the north largely supported the Democrats 
when, had the truth been realized, they would have 
vigorously opposed them. 

Martin Van Buren became president March 4, 1837. 



256 MODERN DEMO CRA CV. [183 7-40 

He was an able, cultivated and experienced man. He 
Van Buren's Char- had enjoyed a long political career and 
acter. ]^a(i been governor of New York, sec- 

retary of state and vice-president. As a political mana- 
ger he had few equals. His judgment was good, but he 
was very cautious. He was Jackson's firm and trusted 
friend. 

Jackson's financial measures had produced great dis- 
turbance throughout the country. The banks generally 
Panic of were in a bad condition and in 1837 

1837. the crash came. Banks suspended ; 

business houses failed ; values fell, and great financial 
distress prevailed. It is known as the Panic of 1837. 

The president called an extra session of Congress to 
consider the condition of the country. He proposed that 

Action of Con- the government should establish a 
gress. treasury and sub-treasuries in which its 

money should be deposited, instead of in different banks 
as had been customary. He deprecated any direct action 
on the Panic. A bill to carry out these views passed the 
Senate but failed in the House. The Democrats had a 
majority in both houses of Congress. They failed to 
carry this measure because some conservative Democrats 
in the House opposed it, and voted with the Whigs 
against it. Its object was asserted, by the Whigs, to be 
the destruction of all the banks. A large majority was 
necessary to carry a measure opposed on such a ground. 

In the following session of Congress the bill to estab- 
lish an independent treasury was again defeated. Neither 
session of this Congress took any measures to abate the 
Panic or relieve the country. Van Buren's administration 
was becoming unpopular. In the next Congress (1839-40), 
the Independent Treasury Bill was barely passed. It was 
commonly felt that the government should take measures 
to relieve the country of its financial distress. The presi- 
dent was blamed for the Panic and then for not attempt- 



1 840.] WHIG TRIUMPH. 257 

ing to relieve it. The administration became more 
unpopular ; the Whigs made many gains and continually 
became more formidable. 

The Democrats renominated Van Buren, but left the 
vice-presidency open to suggestions by the states. The 
Whigs nominated General Harrison for president and 
John Tyler for vice-president. Harrison was a Whig, but 
Tyler was a conservative Democrat, and was put on the 
ticket in order to catch Democratic votes and thus in- 
crease the chance of success. The Anti-Slavery Society 
had aroused such a feeling, and the Abolitionists had so 
increased in numbers, that they held a convention ; 
designated themselves as the Liberty Party, and made 
nominations — J. G. Birney for president and Francis 
Lemoyne for vice-president. In the election, Harrison 
received 234 votes and Van Buren only 60. Birney had 
no vote in the electoral college but received a popular 
vote of nearly 8,000. Harrison's majority was 174. It 
was mainly due to the revulsion of feeling caused by the 
protracted panic, and partly by Van Buren's medium 
course, which was not satisfactory to friend or foe. 

Van Buren's administration inherited the evil results of 

Jackson's financial policy. The panic caused great dis- 

_ . „ aster and brought about a great feeling 

Keview of • , • a , ^ 

"Van Buren's Ad- agamst him. As a northern man he 

ministration. ^^g j^qj- satisfactory to the south, and 
these causes ensured his defeat in 1841. 



William H. Harrison became president on March 4, 
1 841. He possessed fair ability, though he was not an ex- 
Harrison's perienced statesman. His intentions 
Administration. were good and his will was strong. He 
at once declared against the methods Jackson had em- 
ployed, condemning experiments with the finances, the 
spoils system, and a too free use of the veto power. Before, 



258 MODERN DEMOCRACY. [1841-42. 

however, he was able to inaugurate any distinct poHcy he 
died. He was president but thirty days. 

With Harrison's death, the possibiUty of a Whig admin- 
istration disappeared. The vice-president was a Demo- 
His Death and crat, who had been put on the ticket to 
tlie Result. secure Democratic votes. He sympa- 

thized Uttle with the party which elected him, and could 
not be expected to cooperate heartily with its leaders. 
Unless the Whigs had the cooperation of the president, 
they could do little or nothing. A successful party 
administration depends largely on the president. At 
Harrison's death the question was whether Tyler could 
become the real leader of the Whigs, or whether, 
repudiated by them, he would be received by the Demo- 
crats as their leader. 

On Harrison's death John Tyler became president. 
He possessed ordinary ability and had been long in pub- 
Tyler's lie life. He had served in the Virginia 
Character. assembly ; been governor of the state 
and been a member of both the House and Senate. 

The new president promised to carry out Harrison's 
policy. What that policy would have been no man knew ; 

Rupture Between ^^^ ^^^^ ^he Whigs had expected it to 
Tyler and the be was generally understood to be 
Whigs. meant by this promise. A bill was 

soon passed to incorporate the Fiscal Bank of the United 
States. Tyler vetoed it. The Whig leaders asked him to 
outline such a bill as he would sign. He did so ; but 
when it was passed and presented to him, he vetoed it. 
The Whigs were enraged, and issued an address in 
which they declared that all their political connection 
with him was at an end. Thus, though the Whigs had 
carried the election, they had no executive after Congress 
met. 

Tyler, though a Democrat, had been elected on a Whig 



1 844.] THE ELECTION. 259 

ticket. He was now repudiated by the Whigs ; but could 
not be trusted fully by the Democrats. Nevertheless, he 
naturally gravitated toward them and came to receive 
their support. The Whig victory resulted in a Demo- 
cratic administration. 

The first Congress was controlled by the Whigs, who 
passed measures which the president vetoed. In the 
Weakening- of the next Congress the Democrats controlled 
Whigs. the House. The Whigs had failed to 

keep their promises of reform which had figured in the 
election and were losing what they had gained. The 
Democrats gained in strength and showed more plainly 
their desire to secure Texas in order to increase slave 
territory. Soon, annexation of Texas became the chief 
question, and came to divide the sentiment of the 
country. 

The Whigs nominated Clay and Theodore Freling- 
huyson. The Democrats nominated James K. Polk and 
Presidential Norn- George M. Dallas, and the Liberty 
inations. party nominated James G. Eirney and 

Thomas Morris. No party had perfectly controlled the 
legislation of the last administration, though it had been 
Democratic rather than Whig. The chief question in dis- 
pute was the extension of slavery. Clay was nominally 
opposed to it ; but, to gain votes, he favored future 
annexation. This weak course could only injure himself 
and his party. Its object was too apparent. Polk warmly 
favored annexation, and would certainly secure the votes 
of all Democrats. Birney could poll only a small vote 
and would injure Clay's chances because the Liberty 
party was distinctively a northern party. The majority 
which the Whigs had had in 1841 had disappeared owing 
to the loss of their president, and the evils arising from 
their unfortunate relations to his successor. Parties were 
about evenly balanced. 

The election gave Polk 170 votes and Clay 105 votes; 



2 6o M ODER AT DEMOCRA C V. [i 841-45. 

the majority was 65. If the vote which was given to 
Election of Birney in New York alone, had been 
1845. given to Clay, he would have carried 

the state and been elected. But the south won again 
and the annexation of Texas was assured. It was ac- 
complished at the next session of Congress. 

The Whig success in 1841 gave promise of a change of 
policy in the government with the inauguration of the 
Review of new president. But Harrison's death 

1841-1845. prevented it. A Democratic vice-pres- 

ident came into power, and the Democrats, after all, 
lost but little by their defeat in the election. The southern 
part of the party, always the controlling wing, continued 
its demand for the increase of slave territory, till it became 
the deciding question in the election, and resulted in 
Democratic success. The slaveocracy had again strength- 
ened itself. But the very large vote of the Whigs, and 
the considerable vote cast for Birney, proved that the 
north was awakening. The south could not continue to 
triumph without severer struggles. 

James K. Polk became president on March 4, 1845. 
He possessed ordinary ability, and had had considerable 
Polk's experience as a member of Congress, 

Character. ^nd had also been governor of Ten- 

nessee. He was a thoroughgoing Democrat of the Jef- 
fersonian school and a warm friend of Jackson. 

Congress had a strong Democratic majority. Texas 
became a state, and her debatable frontier was occupied 
by United States troops. This precipitated war with 
Mexico. The Whigs said that Polk had provoked the war; 
but they offered little opposition to it. The only real 
feeling against it was that of the Liberty party, which saw 
that the defeat of Mexico would secure to the United 
States a larger territory for the use of the slaveocracy. 

Soon, Polk asked for an appropriation with which to 



I845-49-] SLAVERY CONTESTS. 26 1 

make a purchase of coveted territory from Mexico. 
"WiimotPro- The Democrats at once proposed to 
viso. give ^2,000,000 for the purpose. An 

amendment was offered to the bill, in the House, providing 
that slavery should not be permitted in the territory to 
be purchased. This was diametrically opposed to the 
object which the Democrats had in view in providing 
for the purchase. They desired the territory in order to 
extend slavery. They would defeat the amendment if 
possible. The Whigs favored the amendment and enough 
northern Democrats voted with them to secure its passage. 
Southern Democrats were ever a unit for slavery. North- 
ern Democrats were somewhat divided. A majority of 
them invariably acted with the southern leaders. A few 
acted independently on the question of slavery. The 
amended bill went to the Senate, but too late to secure 
action at that session. The amendment was called the 
Wilmot Proviso after the member who offered it. 

At the next session a bill to appropriate $3,000,000 

was passed, and the Wilmot Proviso was attached. The 

Senate rejected the Proviso, and the House concurred in 

Success of the the act. The Proviso, therefore, was 

South. lost. Slavery could be introduced 

into the new territory. The south had conquered again. 

A slight change of feeling, caused by the course of the 

administration, gave the Whigs a very small majority in 

the House at the next Congress. They were able to pass 

a bill to organize the Territory of Oregon without slavery 

and at the following session to pass a resolution declaring 

the slave-sales in Washington to be a " reproach to our 

country." 

Feeling on the slavery question was continually increas- 
ing. The Democrats nominated Lewis Cass and William 
Election of A. Butler. The Whigs nominated 

1849. Zachary Taylor and Millard Fillmore. 

The Liberty party made no separate nominations, but 



262 MODERN DEMO CRA CV. [i 845-49. 

agreed to those made by a convention at Buffalo, which 
declared against any new slave states or territories, and 
nominated Martin Van Buren and Charles Francis Adams. 
The new party was called Free Soilers. The election 
gave Taylor 163 votes and Cass 127 votes ; the majority 
was ;^6. Van Buren had a popular vote of nearly 300,000 
but carried no state. 

Slavery in one form or another had chiefly engrossed 
public attention during the past four years. The Texas 
_ . „ question was settled satisfactorily to 

Polk's Adminis- the south. Money was then appro- 
tration. priated to buy new slave territory, and 

a provision that it should be free was defeated. The 
organization of the Territory of Oregon without slavery 
did not begin to balance these gains. But these measures 
produced a reaction which resulted in a Whig success. 
The Democrats were playing fast and loose. They 
intended that the north should always yield, and they 
determined to augment their own strength so that they 
might always compel it. They went so far that they were 
defeated in 1849. The success of the Whigs meant 
merely that the country desired a more conservative 
course regarding slavery. The Whigs were not a pro- 
nounced anti-slavery party. 

Zachary Taylor was elected solely as a military hero. 
He had enjoyed no civil experience and though an able 
Taylor's general, was not a statesman. His 

Character. administration came at a time when 

the conflict of the principles of freedom and slavery was 
becoming more determined and bitter. Only men of 
great vigor could be leaders in such an hour. 

Having secured Texas, and purchased considerable 

Squatter western territory from Mexico, the 

Sovereignty. Democrats desired to make the new 

states and territories slave-holding. They, therefore, 



i850.] THE COMPROMISE. 263 

asserted that each territory had the right to decide for itself 
whether it would adopt slavery. By this means they 
expected to introduce slavery into the new lands. The 
theory that the right of decision rested with the first 
settlers or squatters was accordingly called Squatter 
Sovereignty or Popular Sovereignty. But gold was dis- 
covered in California. A great rush to the new terri- 
tory took place. A Constitution prohibiting slavery was 
formed, and a new state asked for admission to the Union. 

The south was very anxious to secure California as a 
slave state and so pave the way for the introduction of 
Compromise of slavery into all the new lands. The 
1850. north would not consent to it. As the 

feeling on both sides grew more bitter, Clay proposed a 
compromise, as he had done twice before. He suggested 
that the question of slavery be left to the local govern- 
ments. This would make California a free state, but many 
of the new territories would become slave-holding. He 
further proposed the abolition of slavery in the District 
of Columbia, as a sop to the north, and a rigid Fugitive 
Slave Law as a portion for the south. These provisions 
were agreed upon in a bill known as the Compromise of 
1850. 

The south won again. They had made it possible for 
every new state and territory in the enormous tract of 
new land to become slave-holding, and they had secured a 
strict law to compel the return of escaped slaves. The 
north gained but one free state, and the abolition of the 
slave trade — not slavery itself — in the District of Colum- 
bia. 

In July, 1850, President Taylor died. He had been 
president one year. Though a Whig, his party had not 
Taylor's had a majority in the only session of 

Death. Congress which he saw. The Demo- 

crats had had a majority in the Senate and a plurality in 
the House. The Whig success in the election had been 



264 MODERN DEMOCRACY. [1849-53. 

but a nominal one ; for it had not resulted in any power 
to administer the government according to Whig princi- 
ples. 

Millard Fillmore, the vice-president, succeeded to the 
presidency. He was a Whig and had enjoyed experience 
Fillmore's Char- in local government and in Congress, 
acter. jjjg ability was ordinary. Like Tyler 

and Polk, he had no particular claim upon the people. 
Unlike Harrison and Taylor he had had no military 
career. He had been only a respectable nominee for 
vice-president. 

In the new Congress (December, 1851) the Democrats 
had majorities in both houses. The Whigs had the 
executive only, and he was hardly of such a character as 
to provoke collisions with the Democratic legislature. 

The Democrats nominated Franklin Pierce and Wil- 
liam R. King. The Whigs nominated Winfield Scott and 
Election of William A. Graham. The Free Soilers 

1853. nominated John P. Hale and George 

W. Julian and denounced the Compromise of 1850. 
Pierce received 254 votes and Scott 42 votes ; the 
majority was 212. Hale received the vote of no state, 
and his popular vote was somewhat smaller than that cast 
for Van Buren four years before. 

The period of 1849-53 was that of nominal Whig ascend- 
ency. The Whig ticket was elected in 1849 ; but Congress 
Review of remained Democratic. The desire for 

1849-53. 2i more conservative course, which 

elected Taylor, did not change Congress enough to give 
the Whigs a majority. The Democrats, consequently, 
controlled the legislature. After Taylor's death their 
power increased and under Fillmore they had a good 
majority. The Compromise which was adopted quieted 
the country for a time, gave the Democrats what they 
desired, and so completely allayed the fears of the north 



1853-54- ] KANSAS— NEBRASKA. 265 

that the Democrats carried the election of 1853 by an 
enormous majority. It was again thought that the slavery 
question was settled and, consequently, a calm prevailed. 

Franklin Pierce was well educated. He had served 
in his state legislature ; and in both Houses of Con- 
Pierce's gress, and was a devoted Democrat. 

Character. j^^ ^^^Q-^y j^^ ranked with his five im- 

mediate predecessors. 

The Democrats now felt so strong that they determined 
on more aggressive measures. They were resolved to 
Kansas-Nebraska make slavery possible throughout all 
^'^^- new territory. In order to do this, 

they prepared a bill to incorporate two territories. It 
declared the Compromise of 1820 (which made the parallel 
of 36° 30' a line north of which slavery could not go) to 
be unconstitutional and void, and repealed by the Com- 
promise of 1850 ; and it provided that each territory 
should hereafter decide for itself concerning slavery. Two 
new territories were to be called Kansas and Nebraska. 
The bill was known as the Kansas-Nebraska bill. 

The few Free Soilers in Congress naturally opposed 
this bill. The northern Whigs generally felt that its pas- 
sage would be too great an advance for slavery, and they 
opposed it ; and those of the northern Democrats— about 
one-half— who were alarmed at the measure, opposed it 
also. In its favor were all the southern Democrats ; 
nearly all the southern Whigs, and half the northern 
Democrats. This combination was able to pass the 
measure. 

The contests over slavery which had occurred every few 

years had not been without effect upon the people. The 

Effects of the appeals of the Abolitionists, though 

^^^^- scoffed at, had been heard. A feeling 

of unrest was becoming prevalent in the north. When 

the Kansas-Nebraska bill passed there was an awakening. 



12 



266 MODERN DEM OCR A C V. [ 1 854-56. 

Northern Whigs would no longer acknowledge party ties. 
They expressed their feelings by a new party name ; Anti- 
Nebraska Men. Others, dissatisfied with both parties, 
and with the influence of foreign-born citizens, joined in 
an organization called the American party. It received 
the popular name of Know-Nothings ; because its members 
were not allowed to know all its objects until they had 
reached a high degree in it. 

The feeling against slavery was shown in the election of 
1855 so that the House was almost evenly divided between 

Republican slavery and anti-slavery. The Demo- 

Party, crats and the Anti-Nebraska Men were 

very nearly equal. In 1854 the Anti-Nebraska Men of the 
northwest, who held to old Federal principles, who 
believed m the supremacy of the nation and who de- 
nounced state sovereignty and the extension of slavery, 
used the term Republican as a party name. Its use was 
contrary to that of the period of i8o]-i825. It meant 
now just the reverse of what it meant then. It meant now 
nationality just as FederaUsm had meant it. It was 
opposed to the ideas of confederation which Jefferson had 
attached to it. 

In 1854 the contest in Kansas between the free-state 

and the slavery settlers began in earnest. The first two 

,„ . „ elections were carried by the slave 

War m Kansas. ,,, , ., r i.^- • ^ j 

holders by the aid of Missouri border 

ruffians. In July, 1855, a slavery legislature adopted a 

state constitution at Pawnee. In September, a free-state 

convention adopted a constitution at Topeka, The north 

aided free-state settlers with money and arms. Collisions 

were frequent between the two parties, and an irregular 

but bloody war was carried on. 

President Pierce now (January, 1856) assumed to decide 
the constitutional question which was involved in the 

Pierce's Course. Kansas struggle and the secondary 
question relating to the slavery and free constitutions 



I853-57-] PIERCE'S ADMINISTRATION. 267 

which had been adopted. He recognized the slavery 
constitution and commanded obedience to it. This 
meant ; first, that each territory could decide for itself 
whether it would adopt slavery ; and second, that the 
slavery constitution was legal and binding. The north 
could not acquiesce in his decision of the first question. 
The whole country knew that he decided falsely on the 
second. But he had the power of the government with 
which to enforce his decision and, consequently, after a 
time, a certain degree of order appeared in the territory. 

The Democrats nominated James Buchanan and J. C. 
Breckinridge, and declared in favor of squatter sovereignty. 
Election of The Republicans had grown strong 

1857. enough to hold a convention and make 

nominations. They named John C. Fremont and W. L. 
Dayton, and declared against the extension of slavery. 
The Americans or Know-Nothings also met, and nomina- 
ted Millard Fillmore and A. J. Donelson. Since the 
northern Whigs had repudiated the party, it had grown 
too weak to act for itself ; but a convention accepted the 
American candidates. 

In the election, Buchanan received 174 votes ; Fremont 
114 and Fillmore 8 ; the majority was 52 votes. The 
south was solidly Democratic and, aided by five northern 
states, carried the election. 

The majority by which the Democrats had elected their 
president in 1853 had so reassured them that they had pro- 
Review of ceeded to decided measures, and passed 
1853-1857. a bill designed to further increase slave 
territory. But, in so doing, they went almost too far. 
They precipitated a conflict between slavery and freedom 
in the new territory, and caused many of the elements 
which had long distrusted the democracy, to unite in a 
new party. With every contest on the slavery question a 
few more had realized its moment and had learned to 
hate it. The number was now large and was beginning to 



268 MODERN' DEMOCRACY. [1857. 

crystallize. The action of the president strengthened the 
movement. It only required a little further arrogance 
from the Democrats to make the Republicans a majority. 
This last point, however, was not yet reached, and the 
Democrats carried the election by a small majority. 

James Buchanan became president on March 4, 1857. 
He was an educated man and a lawyer by profession. 
Buchanan's Char- He had enjoyed a long experience in 
acter. civil affairs as member of Congress, 

foreign minister and secretary of state. He possessed 
fair ability and was a devoted Democrat. 

Immediately after Buchanan's inauguration the Supreme 
Court rendered a decision which startled the country. It 
Dred Scott regarded a slave, Dred Scott, who 

Case. claimed to be free after having lived 

some years in free northern territory. Chief Justice Taney 
decided that the Compromise of 1820 was unconstitutional; 
that a slave holder could carry his slaves where he pleased 
in free states and territories and still hold them ; and that 
the court had no jurisdiction. This meant that slave- 
holders could settle with their slaves in free states and 
thus make free states slave-holding, and that a slave was 
a thing for which there was no protection. It meant that 
slavery was no longer local and upheld by state laws only; 
but that it was national and was to be sustained by the 
nation. It was the decision, by the highest tribunal of 
the land, of the question which had been debated and 
compromised in Congress for thirty-five years. If the 
people acquiesced, slavery had won its final triumph 
and would spread its " peculiar institution" over the whole 
land. If they denied the judgment, they must appeal to 
force ; there was no other court. The case is known, 
after the slave, as the Dred Scott case. 

This case aroused, more generally than any thing which 
had preceded it, the feelings of the north. It was a very 



I857-59-] JOHN BROWN. 269 

bold step for the south to take. The north had been for 

Result of the years slowly awakening to the encroach- 
Decision. ments of the slave power. It had been 

growing more irritated and dissatisfied. The south did 
not believe that it would offer any determined opposition 
now. It counted on the submission which had been 
always given. But the north was just beginning to under- 
stand what slavery really meant, and what the south 
intended, and deeper feelings were moved. 

When Congress met in December, 1857, it had a mod- 
erate Democratic majority. Its chief business concerned 
Kansas Kansas, for which territory another 

Constitution. constitution had been framed at Le- 
compton. The only ballots allowed in the vote on this 
constitution had been, " For the Constitution with Slav- 
ery,"and "For the Constitution 2£////^^^// Slavery." The Free- 
state men had not voted, and Slavery had received 6,000 
majority. The president wished to receive Kansas as a 
state with this fraudulent constitution. Congress agreed 
to it ; but arranged that the people should vote again on 
this constitution. As a bribe, Congress offered the new 
state a large grant of public land if it was adopted. The 
vote was taken, and the constitution was rejected by 
10,000 majority. A new constitution, prohibiting slavery, 
was formed at Wyandot in July, 1859, and was adopted 
by 4,000 majority. 

Hardly had the Kansas matter been settled when the 
John Brown excitement at Harper's Ferry occurred. John 
Brown had been a Kansas settler. In 
John Brown. ^^^ fighting in that territory he had lost 
most of his family. He saw that slavery had caused all the 
misery he had seen, and he was partially crazed by his mis- 
fortunes. He settled at Harper's Ferry and determined to 
arouse the slaves to general rebellion. In October, i859,with 
a few men, he seized the arsenal. Great excitement re- 
sulted in the south. He was quickly captured and hung. 



270 MODERN DEMOCRACY. [i860. 

The next Congress had a Repubhcan pluraHty in the 
House, but the Senate was Democratic. The House 
agreed to admit Kansas under the Wyandot constitution, 
but the Senate refused, and so the matter failed. Slavery 
did not come up for special discussion. 

In the spring of i860 the Democratic convention met. 
The southern wing of the party had always had control, 
Democratic Con- and now proposed to go further than 
vention. gygj- before. It wished to have the 

party declare that no territory could prohibit slavery eve7i 
within its own borders. The northern wing objected to 
this as too radical. It favored squatter-sovereignty, that 
is, the right of each territory to decide for itself for or 
against slavery. 

When squatter-sovereignty was adopted by the Demo- 
cratic party in 1850, it was an advance for slavery beyond 
the Compromise of 1820. The whole party agreed to it. 
But when, ten years later, the slave-holders sought to 
force the adoption of the most radical slavery plans, the 
northern wing of the party declared that it would abide 
by the Compromise of 1850. This course astonished the 
south. Many southern delegates left the convention 
which, after futile balloting, adjourned. 

The convention re-assembled two months later. More 
squatter-sovereignty men, or Douglass Democrats, were 
admitted, and the remaining southern delegates with- 
drew. Stephen A. Douglass and H. V. Johnson were then 
nominated. The southern delegates met in convention 
and nominated John C. Breckinridge and Joseph Lane. 

The American or Know-Nothing party now called 

itself "Constitutional Union." Since the Republican 

. . , T3 party had organized and taken a de- 

American and Re- ^ ^ ■' , ° 

publican Con- cided Stand, it had lost strength ; and 
ventions. ^^^ j^g^^ ^^ specific reason for exist- 

ence. It nominated John Bell and Edward Everett. The 
Republican convention declared freedom to be the nor- 



i86o-6i.] secession: 271 

mal condition of the territories, and asserted that Con- 
gress should maintain it. It nominated Abraham Lincoln 
and Hannibal Hamlin. 

The election gave Lincoln 180 votes ; Breckinridge 72 
votes; Bell 39 votes, and Douglass 12 votes; Lincoln's 
Election of majority was 57 votes. The south was 

1861. defeated by the unanimous vote of the 

free states. Candidates pledged to maintain the freedom 
of the territories had been chosen. All that had been 
gained in the contests, compromises and decisions of forty 
years was threatened with destruction. In the extreme 
slavery position taken in the Dred Scott decision the 
Democrats had risked all. In the election of Lincoln 
they knew that they had lost all. 

The South Carolina legislature at once called a con- 
vention. It met and unanimously resolved to secede from 
Secession. the Union. Other slave states fol- 

lowed, and within two months Georgia, Alabama, Florida, 
Mississippi, Louisiana and Texas seceded. 

Congress met in December, i860. Buchanan did not 
think the nation could coerce a state. Congress was full 
of propositions for compromise and one, resembling the 
Compromise of 1820, had some chance, but was finally 
rejected. It was called, from its proposer, the Crittenden 
Compromise. Congress did not succeed in accomplish- 
ing anything. A Peace Congress was held in Washing- 
ton and it, too, failed. In the meantime the south was 
rapidly arming. Treacherous members of the cabinet 
were doing all they could to aid the south, and the presi- 
dent connived or was weakly ignorant. In the four 
months between the election and the inauguration of 
Lincoln, the south secured a large part of the arms and 
munitions of the Union and organized a government. 
Southern members withdrew from Congress and the Re- 
publicans were left with a majority. A month after Lin- 
coln's inauguration Fort Sumter was fired upon. The 



272 MODERN DEMOCRACY. [1829-61. 

north was momentarily stunned. Then it awoke, as if by 
magic, and the great struggle which had been fought in 
Constitutional Convention, at the polls, and in Congress 
for seventy-three years was transferred to an appeal to 
arms. 

Modern Democracy covered a period of thirty-two 
years, from 1829 to 1861. It witnessed the establishment 
Review of Modern in power of the Democratic party ; the 

Democracy. control of that party by slavery, and 

the final defeat of the party ; because slavery developed 
the bad characteristics of the party, and carried to a logi- 
cal conclusion its worst principles. 

The Democratic party came into power by the election 
of a military hero. It established its hold upon the 
country through the fearless course of this president. 
Though he made great errors, he won immense popu- 
larity and accomplished much for his party. In financial 
matters, however, he greatly erred, and so unsettled the 
country that a panic followed in the administration of his 
successor. This caused a temporary revulsion of feeling, 
and a Whig was elected president. But in one month 
he died. The vice-president was a Democrat, and the 
party really had lost nothing. They easily elected the 
next president. Under him, slavery made such attempts 
to secure new territory for itself that another revulsion of 
feeling elected a Whig in 1849. Again the Whig president 
died soon after entering his office. The vice-president 
was not a Democrat this time, but a weak Whig. Con- 
gress, however, was Democratic and controlled legislation 
in favor of slavery. The next election gave the Demo- 
crats a large majority. They then passed new measures 
to advance the interests of slavery. They went so far 
that the people began to be aroused and a new party 
organized to oppose them on the slavery issue. Once 
more they elected their president. Then they took their 
most decisive step. They secured from the Supreme 



1829-61.] TABLE OF DEMOCRACY. 273 

Court a decision which opened the whole coantry to slav- 
ery. This went far to arouse the people. In i860, can- 
didates opposed to the extension of slavery were elected. 
The south saw that it was defeated. It could no longer 
remain in the Union and rule it. It therefore seceded. 
Then it fired upon the flag. At last the north awoke. 
It accepted the appeal to arms and prepared to fight out 
the battle which compromises in the Constitution and in 
Congress had only delayed. 

War against U. S. Bank — Popular in the South, ) ^^ 

Nullification— " " " North, \ ^^^' 

Bad Financial Policy, ) 

Financial Panic, 1837-41. 

Defeat in Presidential Election, . . . 1841. 

Death of Whig President, . . . . 1841. 

Democratic Vice-President becomes President, 1841. 

Annexation of Texas to Increase Slave Territory, 1841-49. 

Consequent Election of Whig President, . 1849. 

Death of Whig President, .... 1850. 

Vice-President a Weak Whig and Congress Dem- 
ocratic, 1850-53. 

Election of Democratic President, . . . 1853. 

Partial Opening of Territories to Slavery, . 1853. 

Contest in Kansas over Slavery, . . . 1850-57. 

Decision of the Supreme Court virtually opening 
the whole country to Slavery, . . . 1857. 

Consequent Excitement, .... 1857-61. 

Election of a Republican President, . . 1861. 

" Secession " of Three-fifths of the Democratic 
Party (the South), ... . 1861, 



00 
00 



< 
Pi 
o 
o 

Q 

Pi 
w 

Q 
O 



CHAPTER VI. 

THE WAR AND ITS CONSEQUENCES. 

Secession is impossible in a federal nation like the 
United States. Resolutions of secession are declarations 
of rebellion. Consequently, when the south fired upon 
the flag, the nation sprang to arms. Both sides were pow- 
erful, and the rebellion lasted four years before it could 
be subdued. Meanwhile the slaves were declared free 
as a war measure. Lincoln's administration was wholly 
occupied with the war. In 1865 he was reelected. The 
people had perfect confidence in him. They looked for- 
ward to peace and the reestablishment of the Union. 
Suddenly he was brutally murdered by the south. That, 
the people could not forgive. The vice-president 
was a narrow southerner. Congress could never agree 
with him, and reorganized the south with far sterner 
measures than would have been employed had not Lin- 
coln been murdered. Johnson's term was full of turmoil. 
It was a relief to the country when it ended. 

Grant, a military hero, succeeded him. The recon- 
struction of the south was completed. Troops were 
retained in many places. A deep hatred of the north 
obtained. Everywhere the Democratic ticket was voted, 
and reigns of terror were instituted to control and sup- 
press the blacks. At last it was felt that the south had 
been treated too vigorously. The Democrats very nearly 
carried the election in 1877. Hayes, a republican, was, 
however, chosen. He relaxed the hold on the south and 
the country became quiet. Meantime great abuses had 
become known in the administration of the government 



i86i-8i.] AFTER THE WAR. 275 

and cries of reform grew popular. The Democrats would 
have elected their candidate in 1881 had not the Repub- 
licans suddenly declared that Democratic success meant 
free-trade, and the pauperizing of the workingmen. This 
declaration had its effect, and the Republicans elected 
Garfield by a good majority. In a few months he was 
murdered by a semi-idiot, and Chester A. Arthur, the 
vice-president, became president. 



' Rebellion, .... 
The War Suppression of the Rebellion, 

AND ITS J Murder of Lincoln, . 
Consequences. 1 Reconstruction of the South, 
1861-1881. Restoration of Harmony, . 

[ Murder of Garfield, . 



1861. 

1865, 

1865. 

1865-77. 

1881. 

1881. 



The Federal party, which had formed and adopted the 
Constitution, was intrusted with putting it into operation. 
Federal It performed its task, but passed meas- 

Supremacy. ^res which caused strong opposition, 

and the organization of a powerful opposition party. 
After Washington left the presidency the Federal party 
was not harmonious. At last it passed two arbitrary 
measures, the Alien and Sedition acts. These frightened 
the people, filled them with mistrust, and caused the 
success of the Democrats in the next election. The Fed- 
eralists had done all for which they had been given 
office. The people did not care to retain them longer in 
power. 

The Republicans came into office when the country 
was beginning to feel the results of wise Federal policy. 

Kepublican Su- They took all the credit for it. But 

premacy. Jefferson pursued an unwise policy 

which caused war in the term of his successor. Later, a 

wiser course being pursued, the country became contented 

and the " Era of Good Feeling " appeared. 

John Quincy Adams's election in 1825 caused a change 



276 GENERAL REVIEW. [1789-1881. 

and introduced a new activity into politics. He was 
Federal- naturally a Federalist. Congress was 

Republicanism. Republican. There was no harmony be- 
tween them. Statesmen strove to prepare for their own 
election in 1829. The time of 1825-1829 is a transition, 
period. 

With Jackson's election came the reassertion of Jeffer- 
sonian views in a modern form. The Democrats secured 
Modern ^ strong hold on power through Jack- 

Democracy, son's personal popularity, and only lost 

it twice (1841 and 1849) for eighteen months in all, when 
they had presumed too much on their strength. In all 
this time new measures more and more favorable to 
slavery were passed. Excitement was caused in the 
north, and a feeling of distrust and fear was appear- 
ing. At last the Democrats secured from the Supreme 
Court a decision which opened the whole country to 
slavery. This was more than the north could bear. It 
carried the next election. The south saw that it had lost 
all. It declared that it had seceded. Secession being 
impossible under our government, such a course was 
only rebellion. The Democracy lost control of the gov- 
ernment. Three-fifths of the party engaged in rebellion ; 
one-fifth sympathized with it in the north, and one-fifth 
became loyal to the Union. 

The north conquered in the war ; the slaves were freed; 

the south was reconstructed and admitted to its privi- 

War and its Con- leges ; a certain degree of harmony at 

sequences. ia,st obtained ; prosperity reappeared ; 

provision to meet the national debt was made and a 

national credit established. 

The Democratic party has remained almost intact in 
name and form from 1789 to the present. It is the party 
of conservatism. The Federal, Whig, Abolition or 
Republican party has continually changed in name and 
form. It is the party of liberalism, of ideas. When it 



1789-1881.] GENERAL REVIEW. 277 

has accomplished its mission in one form, it has seemed 
to disappear ; but it has only been changing to meet new 
requirements and fulfill its destiny. It is a positive, 
aggressive force. It cannot remain intact and undis- 
turbed hke a conservative body. When its objects are 
secured it vanishes for a time, but reappears in every new 
crisis. 



APPENDIX. 



APPENDIX. 



Presidents of the Continental Congress and of the 
Congress of the Confederation, i 774-1 788. 

Peyton Randolph, Va., 
Henry Middleton, S. C, 
Peyton Randolph, Va., 
John Hancock, Mass., . 
Henry Laurens, S. C, 
John Jay, N. Y., . 
Samuel Huntington, Ct., 
Thomas McKean, Del., 
John Hanson, Md., 
Elias Boudinot, N. J., . 
Thomas Mifflin, Pa., 
Richard H. Lee, Va., 
Nathaniel Gorham, Mass., 
Arthur St. Clair, Pa., . 
Cyrus Griffin, Va., 







Sept. 5, 1774 






Oct. 22, 1774 






May 10, 1775 






May 24, 1775 






Nov. I, 1777 






Dec. 10, 1778 






Sept. 28, 1779 






July 10, 1 78 1. 






Nov. 5, 1781 






Nov. 4, 1782 
Nov. 3, 1783. 
Nov. 30, 1784. 
June 6, 1786 
Feb. 2, 1787. 
Jan. 22, 1788 



II 

Presidents and Vice-Presidents of the United States. 

Presidents. Vice-Presidents. 

1. 1789. — George Washington, Va. John Adams, Mass. 

170"? " ** " " " " 

2. 1797. — John Adams, Mass. Thomas Jefferson, Va. 

3. 1 801. — Thomas Jefferson, Va. Aaron Burr, N. Y. 
1805.— " " " George Clinton, N. Y. 

4. 1809. — James Madison, " " " " 

1 81 3. — " " " Elbridge Gerry, Mass. 

5. 1817.— James Monroe, " D. D. Tompkins, N.'Y. 
1821. — " " " " " " 



282 



APPENDIX. 



Presidents and Vice-Presidents of the United States. 

{Contmued^ 



6. 


1825. 


7. 


1829.- 




1833. 


8. 


1837. 


9- 


1 841. 


lO. 


1842. 


II. 


1845. 


12. 


1849. 


13. 


1849. 


14. 


1853. 


15. 


1857. 


16. 


i86i.- 




1865,- 


17. 


1865.- 


18. 


1869.- 




1873. 


19- 


1877. 


20. 


1881.- 


21. 


1881. 



Presidents. 

-John Q. Adams, Mass. 

-Andrew Jackson, Tenn, 

(< << << 

-Martin Van Buren, N. Y. 
-Wm. Henry Harrison, O. 
-John Tyler, Va. 
-James K. Polk, Tenn. 
-Zachary Taylor, La. 
-Millard Fillmore, N. Y. 
-Franklin Pierce, N. H. 
-James Buchanan, Pa. 
-Abraham Lincoln, 111. 

-Andrew Johnson, Tenn. 

-U. S. Grant, 111. 

(< << (< 

-R. B. Hayes, O. 
-James A. Garfield, O. 
-Chester A. Arthur, N. Y. 



Vice-Presidents. 

John C. Calhoun, S. C. 
<< << <( << 

Martin Van Buren, N. Y. 
R. M. Johnson, Ky. 
John Tyler, Va. 

G. M. Dallas, Pa. 
Millard Fillmore, N. Y. 

Wm. R. King-, Ala. 
J. C. Breckinridge, Ky. 
Hannibal Hamhn, Me. 
Andrew Johnson, Tenn. 

Schuyler Colfax, Ind. 
Henry Wilson, Mass. 
Wm. A. Wheeler, N. Y. 
Chester A. Arthur, " 



III 

Chief Justices of the Supreme Court of the 
United States. 



John Jay. N. Y., 
Oliver Ellsworth, Conn., 
John Marshall, Va., . 
Roger B. Taney, Md., . 
Salmon P. Chase, O., . 
Morrison R. Waite, O., 



1789-1795. 
I 796- I 800. 
1801-1835. 
1835-1864. 
I 864-1 874. 
1874- 



IV 

Speakers of the House of Representatives of the 
United States. 



1st. Congress, 1789-1791. — F. A. Muhlenberg, 
2nd. " 1791-1793- — Jonathan Trumbull, 

3rd. " 1793-1795- — F. A. Muhlenberg, 

4th. " 1795-1797- — Jonathan Dayton, 

5th. " 1797-1799-1 George Dent,' 



Pa. 
Ct. 
Pa. 
N.J. 

it 

Md. 



APPENDIX. 



283 



Speakers of the House of Representatives 
United States.— (C^/z/zV^?^^^.) 

6th. Congress, 1 799-1 801. —Theodore Sedgwick, 



OF THE 



7th. 

8th. 

9th. 
loth. 
nth. 
1 2th. 

13th. 

14th. 
15th. 

i6th. 

17th. 
1 8th. 
19th. 
20th. 

2 1 St. 

22nd. 

23rd. 

24th. 
25th. 
26th. 
27th. 

28th. 

29th. 

30th. 

31st. 

32nd. 

33rd. 

34th. 

35th. 

36th. 

37th. 

38th. 

39th. 

40th. 

41st. 

42nd. 

43rd. 



1801-1803.— Nathaniel Macon, 

1803-1805.— 

1 805-1 807 .— 

1 807- 1 809.— J. B. Varnum, 

1 809-1 8 II.— " 

181 1-1813.— Henry Clay, 

1813-1815. 1 Langdon Cheves, 
1815-1817. — Henry Clay, 
1817-1819.— " " 



Mass. 
N. C. 



1819-1821.] J W.Taylor, 
1 821-1823.— P. P. Barbour, 
1 823-1 825.— Henry Clay, 
1825-1827.— J. W. Taylor, 
1 827-1 829. — Andrew Stevenson, 
1829-1831.— " 
1831-1833.- " 

1833-1835- ] Henry Hubbard, 
1835-1837.— John Bell, 
1 837-1 839.— James K. Polk, 
1839-1841.— " " " 
1841-1843.— R. M. T. Hunter, 

i John White, 
1843-1845-1 J- W.Jones, 

( G. W. Hopkins, 
1 845-1 847 .—J. W. Davis, 

S R. C. Winthrop, 
1847-1849- \ Armisted Burt, 
1 849-1 8 5 1. —Howell Cobb, 
1851-1853.— Linn Boyd, 

1853-1855-— " " 

1855-1857.— N. P. Banks, 

1857-1859.— James L. Orr, 

1 8 59- 1 86 1. —Wm. Pennington, 

1861-1863.— G. A. Grow, 

1 863- 1 86 5 .—Schuyler Colfax, 

1865^1867.— 

1867-1869.— 

1 869- 1 87 1.— J. G. Blaine, 

1871-1873-— " 
1873-1875.- " " 



Mass. 

<< 

Ky. 

<( 

S. C. 
Ky. 



N. Y. 

Va. 

Ky. 

N. Y. 
Va. 



N. H. 
Tenn. 



Va. 
Ky. 

Va. 

<( 

Ind. 
Mass. 
S. C. 
Ga. 

Ky. 

<< 

Mass. 
S. C. 
N.J. 
Pa. 
Ind. 



Me. 



284 



APPENDIX. 



Speakers of the House of Representatives of the 
United States. — {Continued:) 



44th. Congress, 1875-1877. ] s/j-; Randkll, 

45th. " 1877-1879.— " 

46th. " 1 879-1 88 1.— " 

47th. " 1881-1883.— J. W. Keifer, 



Me. 
Pa. 



O. 



Cabinets of the Presidents. 



George Washington, President, . 


1789-1797 


John Adams, Vice-President, 


I 789- I 797 


Sec'y State, 


T. Jefferson, 


1789-1794 




E. Randolph, 


1794-1795 




T. Pickering, 


1795-1797 


Sec'y Treas., 


A. Hamilton, 


1789-1795 




0. Wolcott, 


1795-1797 


Sec'y War, 


. H. Knox, . 


I 789-1 794 




T. Pickering, 


1795-1796 




J. McHenry, 


1 796-1 797 


Att'y-Geni, 


E, Randolph, 


I 789-1 794 




W. Bradford, 


I 794-1 795 




C. Lee, 


1795-1797 


Post. -Gen' I, 


S. Osgood, . 


1789-1791 




T. Pickering, 


1791-1795 




J. Habersham, 


I 795-1 797 


John Adams, President, . . ' . 


I 797-1 801 


Thomas Jefferson, Vice-Presideiit, 


1 797- 1 80 1 


Sec'y State, 


T. Pickering, 


1 797- 1 800 




J. Marshall, . 


1800-1801 


Secy Treas., 


. 0. Wolcott, . 


1 797-1 800 




S. Dexter, . 


1800-1801 


Sec'y War, 


. J. McHenry, 


I 797-1 800 




S. Dexter, . 


1800-1801 




R, Griswold, 


1801-1801 


Sec'y Navy, 


G. Cabot, 


I 798-1 798 




B. Stoddert, . 


1798-1801 


Att'y-Gen'l, 


. C. Lee, 


1 797- 1 80 1 


Post. -Gen I, 


J. Habersham, 


1 797- 1 80 1 


Thomas Jefferson, 


President, 


1801-1809 


Aaron Burr, Vice-President, . . . . 


1801-1805 





APPENDIX. 




285 


Cabinets of 


THE Presidents. — {Continued:) 




George Clinton, Vice-President, 


1805- 


1809 


Sec'y State, 


J. Madison, . 


1801- 


1809 


Secy Treas., 


S. Dexter, . 


1801- 


1 801 




A. Gallatin, . 


1801- 


1809 


Sec'y War, 


H. Dearborn, 


1801- 


1809 


Secy Navy, 


. B. Stoddert, . 


1801- 


1 801 




R. Smith, . 


1801- 


1805 




J. Crowninshield, 


1805- 


[809 


Atfy- GerCl, 


L. Lincoln, . 


1801- 


[805 




R. Smith, . 


1805- 


[805 




J. Breckenridge, . 


1805- 


[807 




C. A. Rodney, . 


1807- 


[809 


Post, -Gen' I, 


J. Habersham, 


1801- 


[801 




G. Granger, . 


1801- 


[809 


James Madison, President, 


1809- 


[817 


George Clinton, Vice-President, 


1809- 


[813 


Elbridge Gerry, 


(< 


. 1813- 


[817 


Secy State, 


R. Smith, . 


1809- 


[811 




J. Monroe, . 


1811- 


[817 


Secy Treas., . 


A. Gallatin, . 


1809- 


[814 




G. W. Campbell, . 


1814- 


[814 




A. J. Dallas, 


1814- 


[816 




W. H. Crawford, 


1816- 


[817 


Sec'y War, 


W. Eustis, . 


1809- 


[813 




J. Armstrong, 


1813- 


[814 




J. Monroe, . 


1814- 


[815 




W. H. Crawford, 


1816-] 


[817 


Sec'y Navy, 


P. Hamilton, 


1809-1 


[813 




W. Jones, 


1813-] 


814 




B. W. Crowninshield, . 


1814-1 


817 


Att'y-Gen'l, . 


C. A. Rodney, 


1809-] 


811 




W. Pinckney, 


1811-] 


814 




R. Rush, . 


1814-] 


817 


Post.-Gen'l, 


G. Granger, . 


1809-1 


814 




R. J. Meigs, 


1814-1 


817 


James Monroe, President, . . . . 


1817-1 


825 


D. D. Tompkins, Vice-President, 


1817-1 


825 


Sec'y State, 


J. Q. Adams, 


1817-1 


825 


Secy Treas., . 


W. H. Crawford, 


1817-1 


825 


Sec'y War, 


G. Graham, 


1817-1 


817 




J. C. Calhoun, 


1817-1 


825 


Sec'y Navy, 


B. W. Crowninshield, . 


1817-1 


818 




S. Thompson, 


1818-1 


823 




J. Rogers, . 


I 823-1 


823 



286 



APPENDIX. 



Cabinets of the Presidents. — {Continued^) 



Secy Navy, 
Atty-Gen'l, 

Post.-Gen'l, 



S. L. Southard, 
R. Rush, 
W. Wirt, . 
R. J. Meigs, 
J. McLean, 



John Quincy Adams, President. 
J. C. Calhoun, Vice-President, 



Secy State, 
Secy Treas., 
Secy War, 

Secy Navy, 
Atty-Genl, 
Post.-Gen'l, 

Andrew Jackson, 
J. C. Calhoun, Vice- 
M. Van Buren, 

Secy State, 



H. Clay, 
R. Rush, 
J. Barbour, . 
P. B. Porter, 
S. L. Southard, 
W. Wirt, . 
J. McLean, . 



President, 
President, 



M. Van Buren, 
E. Livingston, 
L. McLane, 
J. Forsyth, . 

Secy Treas., . S. D. Ingham, 
L. McLane, 
W. J. Duane, 
R. B. Taney, 
L. Woodbury, 

Secy War, . J. H. Eaton, 
L. Cass, 
B. F. Butler, 

Secy Navy, . J. Branch, . 
L. Woodbury, 
M. Dickerson, 

Atty-Gefil, . J. M. Berrien, 
R. B. Taney, 
B. F. Butler, 

Post.-Gen'l, . W. T. Barry, 
A. Kendall, 

Martin Van Buren. President, 
R. M. Johnson, Vice-President, 

Secy State, . J. Forsyth, 
Secy Treas., . L. Woodbury, 
Secy War, . J. R. Poinsett, 
Secy Navy, . M. Dickerson, 
J. K. Paulding, 



1823- 
1817- 
1817- 
1817- 
1823- 

1825- 
1825- 
1825- 
1825- 
1825- 
1828- 
1825- 
1825- 
1825- 

1829-] 
1829-] 

1833- 

1829- 

1831- 

1833-1 

1834- 

1829-] 

1831- 

1833- 

1833-1 

I 834-] 

1829-] 

1831- 

1837- 

1829- 

1831- 

1834-] 

1829-] 

1831-] 

1834-1 

1829- 

1835-1 

1837- 

1-837- 

1837- 

1837- 

1837- 

1837- 

1838- 



[825 
[817 
[825 
823 
[825 

[829 
[829 
[829 
[829 
[828 
829 
[829 
[829 
[829 

837 
833 
837 
831 
833 
834 
837 
831 
833 
833 
834 
837 
831 
837 
837 
831 

834 
837 
831 

834 
837 
835 
837 

841 
841 
841 
841 
841 
838 
841 



APPENDIX. 



287 



Cabinets of the Presidents.— (G?^//;^//^^?'.) 



Atfy-Gen'l, 



Post.-GerCl, 



B. F. Butler, 
F. Grundy, . 
H. D. Gilpin, 
A. Kendall, 
J. M. Niles, . 



Wm. Henry Harrison, President, 
John Tyler, Vice-President, 
John Tyler, President, 



Secy State, 



Secy Treas., 



Secy War, 



Secy Navyy 



Atty-Gen'l, 



Post.-Gen*l, 



D. Webster, 
H. S. Legare, 
A. B. Upshur, 
J. Nelson, 
J. C. Calhoun, 
T. Ewing, . 
W. Forward, 
J. C. Spencer, 
G. M. Bibb, 
J. Bell, 
J. McLean,- 
J. C. Spencer, 
J. M. Porter, 
W. Wilkins, 
G. E. Badger, 
A. P. Upshur, 
D. Henshaw, 
T. W. Gilmer, 
J. Y. Mason, 
J. J. Crittenden, 
H. S. Legare, 
J. Nelson, 
F. Granger, 
C. A. Wickliffe, 



James K. Polk, President, 
G. M. Dallas, Vice-President, 



Secy State, 
Secy Treas., 
Secy War, 
Secy Navy, 

Atty Gen'l, 



Post.-Gen^l, 



J. Buchanan, 
R. J. Walker, 
W. L. Marcy, 
G. Bancroft, 
J. Y. Mason, 
J. Y. Mason, 
N. Clifford, 
L Toucey, 
C. Johnson, 



837- 

838-] 

840-1 

837-] 
840- ] 

841-1 

841-] 

841-1 

841 

843-] 

843- 

844-] 

844-] 

841- 

841-] 

843-J 

844-1 

841- 

841- 

841- 

843- 
844- 
841-] 
841-1 

843-1 

844-1 

844-1 

841- 

841-] 

843- 
841- 

841- 

845-1 

845- 

845-1 

845-1 

845- 

845-: 

846-; 

845-1 
846-] 
848- 
845- 



838 
840 
841 
840 
841 

841 
841 
845 
843 
843 
844 
844 

845 
841 

843 
844 

845 
841 

845 
843 
844 

845 
841 

843 
844 
844 
845 
841 
843 
845 
841 

845 

849 
849 
849 
849 

849 
846 

849 
846 
848 
849 
849 



288 



APPENDIX. 



Cabinets of the Presidents.— (C^«//«2^^rt'.) 



Zachary Taylor, President, . 


1849-1 


M. Fillmore, Vice-President, 


1849-1 


Millard Fillmore, President, 


1850-1 


Secy State, 


J. M. Clayton, 


1849-1 




D. Webster, 


1850-1 




E. Everett, 


1852-1 


Secy Treas., 


W. M. Meredith, . 


I 849- I 




T. Corwin, 


1850-1 


Secy War, 


G. W. Crawford, . 


1849-1 




W. Scott, 


1 850- 1 




C. M. Conrad, . 


1 850-1 


Secy Navy, 


W. B. Preston, . 


1849-1 




W. A. Graham, . 


1850-1 




J. P. Kennedy, 


1852-1 


Secy Interior, 


T. Ewing, 


1 849- 1 




A. H. H. Stuart, . 


1850-1 


Atty-Gen'l, 


R. Johnson, 


1849-1 




J. J. Crittenden, . 


1850-1 


Post -Gen I, 


J. Collamer, 


1849-1 




W. K. Hall, 


1850-1 




S. D. Hubbard, . 


1852-1 


Franklin Pierce, President, . 


1853-1 


W. R. King, Vice-President, 


1853- 


Secy State, 


W. L. Marcy, 


1853-1 


Secy Treas, 


J. Guthrie, 


1853-1 


Secy War, 


J. Davis, 


1853-1 


Secy Navy, 


J. C. Dobbin, 


1853-1 


Secy Interior, . 


R. McClelland, . 


1853-1 


Atty-Gen7, 


C. Gushing, 


■ 1853-1 


Post. -Gen' i, 


J. Campbell, 


1853-1 


James Buchanan, / 


^resident, . 


1857-1 


J. C. Breckinridge, Vic 


e President, 


1857-1 


Secy State, 


L. Cass, 


1857-1 




J. S. Black, . 


1 860- 1 


Secy Treas., 


H. Cobb, . 


1857-1 




P. F. Thomas, 


I 860- I 




J. A. Dix, 


1861-1 


Secy War, 


J. B. Floyd, 


1857-1 




J. Holt, 


1861-1 


Secy Navy, 


I. Toucey, 


1857-1 


Secy Interior, 


J. Thompson, 


1857-1 


Atty-Gen'l, 


. J. S. Black, 


1857-1 




E. M. Stanton, . 


1860-1 





APPENDIX. 




289 


Cabinets of 


THE Presidents.— (C<?;^//;z^^^^.) 




Post.'GefCl, 


A. V. Brown, 


1857- 


1859 




J. Holt, 


1859- 


1 861 




H. King, 


1861- 


1861 


Abraham Lincoln, 


President, 


1861- 


1865 


Abraham Lincoln, 


President, 


1865- 




H. Hamlin, Vice-President, 


1861- 


1865 


A. Johnson, " 


<( 


1865- 




Andrew Johnson, President, 


1865- 


1869 


Sec'y State, 


. W. H. Seward, . 


1861- 


1869 


Sec'y Treas., 


. S. P. Chase, 


1861- 


1864 




W. P. Fessenden, 


1864- 


[865 




H. McCulloch, . 


1865- 


[869 


Sec'y War, 


S. Cameron, 


1861- 


[861 




E. M. Stanton, . 


1861- 


[867 




U. S. Grant, 


1867- 


[868 




E. M. Stanton, . 


1868- 


[868 




J. M. Schofield, . 


1868- 


[869 


Sec'y Navy, 


. G. Welles, . 


1861- 


[869 


Sec'y Interior, 


. C. B. Smith, 


1861- 


[863 




J. P. Usher, . 


1863- 


[865 




J. Harlan, 


1865- 


[866 




0. H. Browning, . 


1866- 


[869 


Att'y-Gen'l, 


E. Bates, 


1861- 


[863 




T. J. Coffee, 


1863-] 


[864 




J. J. Speed, . 


I 864-] 


866 




H. Stanberry, 


I 866-] 


868 




W. M. Evarts, . 


1868-] 


[869 


Post.-Gen'l, 


. M. Blair, 


1861-] 


864 




W. Denison, 


I 864-] 


866 




A. W. Randall, . 


1866-] 


869 


Ulysses S. Grant, President, . . . . 


I 869-] 


877 


Schuyler Colfax, Vice-President, 


I 869-] 


Z-j^ 


Henry Wilson, 


<( 


1873-1 


877 


Secy State, 


E. B. Washburne, 


I 869-] 


869 




Hamilton Fish, . 


I 869-] 


877 


Sec'y Treas., 


. G. S. Boutwell, . 


1869-1 


873 




W. A. Richardson, 


1873-1 


874 




B. H. Bristow, . 


1874-] 


876 




L. M. Morrill, 


I 876-] 


z-n 


Sec'y War, 


J. A. Rawlins, 


I 869-] 


869 




W. T. Sherman, . 


• 1869-] 


869 




W. W. Belknap, . 


I 869-1 


876 




A. Taft, 


1876-1 


876 




J. D. Cameron, . 


I 876- I 


^n 



13 



290 



APPENDIX. 



Cabinets of the Presidents. — {Continued^ 



Secy Navy, 
Sec'y Interior, . 

Atfy-Gen'l, . 



Post,-Gen'l, 



A. E. Borie, . 
G. M. Robeson, 
J. D. Cox, . 
C. Delano, . 
Z. Chandler, 
E. R. Hoar, . 
A. T. Akerman, 
G. H. Williams, 
E. Pierrepont, 
A. Taft, 

J. A. J. Creswell, 
M. Jewell, . 
J. M. Tyner, 



I 869-1 869 
I 869-1 877 
I 869-1 870 
1870-1875 
1875-1877 
I 869- I 870 
1870-1871 
1871-1875 
1875-1876 
1876-1877 
I 869-1 874 
I 874-1 876 
1876-1877 



Rutherford B. Hayes, President, . 


1 877-1 88 1 


W. A. Wheeler, Vice-President, . , 


1877-1881 


Secy State, 


W. M. Evarts, . 


1877-1881 


Sec'y Treas., 


John Sherman, . 


1877-1881 


Secy War, 


G. W. McCrary, . 


1877-1879 




Alex. Ramsey, 


1879-1881 


Secy Navy, 


R. W. Thompson, 


1877-1881 




Nathan Goff, Jr., 


1881-1881 


Secy Interior, . 


Carl Schurz, 


1877-1881 


Atfy-Gen'l, 


Charles Devens, . 


1877-1881 


Post -Gen' I, 


D. M. Key, . 


1877-1880 




Horace Maynard, 


1880-1881 


James A. Garfield, 


President, 


1881- 


Chester A. Arthur, Vice-President, . 


1881- 


Chester A. Arthur, President, 


1882- 


Sec'y State, 


J. G. Blaine, 


1881- 




F. T. Frelinghuysen, 


1881- 


Sec'y Treas., . 


W. H. Windom, . 


1881- 




C. J. Folger, 


1881- 


Sec'y War, 


R. T. Lincoln, 


1881- 


Sec'y Navy, 


W. H. Hunt, 


1881- 




W. E. Chandler, . 


1882- 


Sec'y Interior, . 


S. J. Kirkwood, . 


1881- 




H. M. Teller, 


1881- 



APPENDIX. 291 



Cabinets of the Presidents.— (C^?;^//;^^^^^.) 

Atfy-Gen'l, . Wayne MacVeagh, . 1881- 

B. H. Brewster, . . 1881- 

Post.-Gen'l, . T. L. James, . . 1881- 

T. O. Howe, . . 1 881- 



APPENDIX, 



293 



VI 



I. 

2. 

3. 
4. 

5. 
6. 

7. 
8. 

9- 
10. 

II. 
12. 

13. 
14. 

15. 
16. 

17. 
18. 
19. 
20. 
21. 
22. 

23- 

24. 

25. 
26. 
27. 
28. 
29. 
30- 
31. 
32. 
33. 
34. 
35. 
36. 
37. 
38. 



was admitted on 



Dates of Admission of the States. 

Delaware; ratified the Constituticn, Dec. 3, 1787. 

Pennsylvania ; " 

Newjersey ; " 

Georgia ; " 

Connecticut ; " 

Massachusetts; " 

Maryland ; 

S. Carolina; " 

N. Hampshire; " 

Virginia ; " 

New York ; " 

N. Carohna; " 

Rhode Island; " 

Vermont ; 

Kentucky ; 

Tennessee ; 

Ohio; 

Louisiana ; 

Indiana ; 

Mississippi ; 

Illinois; 

Alabama ; 

Maine ; 

Missouri ; 

Arkansas ; 

Michigan ; 

Florida ; 

Texas ; 

Iowa; 

Wisconsin ; 

California ; 

Minnesota ; 

Oregon ; 

Kansas ; 

West Virginia ; 

Nevada ; 

Nebraska ; 

Colorado ; 



<( 


13. 


n 


<< 


i9» 


(( 


Jan. 
<< 


2, ] 
9. 


[788 

<< 


Feb. 


6, 


<( 


Apr. 


28, 


<< 


May 


23. 


<< 


June 


21, 


<( 


" 


25. 


<< 


July 


26, 


(< 


Nov. 


21, ] 


[789 


May 


29, 


[790 


Mch. 


4, 


[791 


June 


I, ] 


792. 


<< 


I, ] 


796 


Nov. 


29. 


[802 


Apr. 


30. 


[812 


Dec. 


II, ] 


[816 


(< 


10, ] 


[817 


<( 


% ] 


818 


<< 


14, ] 


819 


Mch. 


i5» ] 


[820 


Aug. 


10, 


[821 


June 


i5> ^ 


[836 


Jan. 


26, ] 


[837 


Mch. 


3» J 


[845 


Dec. 


29. 


<< 


Dec. 


28,] 


846 


May 


29, ] 


[848 


Sept. 


9» 


[850 


May 


II, ] 


[858 


Feb. 


14. 


[859 


Jan. 


29. ] 


[861 


June 


19, ] 


[863 


Oct. 


3i» J 


[864 


Mch. 


I, J 


[867 


Aug. 


I, ] 


[S76 



294 



APPENDIX, 



VII 

Votes in Presidential Elections. 







Elec- 






Elec- 


Year. 


President. 


toral 


Popular 


Vice-President. 


toral 






Vote. 
69 


Vote. 




Vote. 


178Q 


Geo. Washington . . 




• 






John Adams. . . . . . 


34 










John Jay. .... . . . , 


9 










R. H. Harrison. . . 


6 










J. Rutledge 


6 










Jno. Hancock 


4 










Geo. Clinton 


3 










S. Huntington. . . . 


2 










Jno. Milton 


2 










Benj. Lincoln 


I 










J. Armstrong. . . . . . 


I 










E. Telfair 


I 








1793 


Geo. Washington . . 

John Adams 

Geo. Clinton 

Thos. Jefferson. . . 
Aaron Burr 


132 

77 
50 

4 
I 








1797 


John Adams 

Thos. Jefferson. . . . 
Thos. Pinckney. . 

Aaron Burr 

Sam'l Adams 

Oliver Ellsworth.. . 

Geo. Clinton 

Tohn Tav 


71 

63 

59 
30 

15 
II 

7 

5 
3 










Jas. Iredell 










Geo. Washington. . 


2 










Tohn Henry 


2 










S. Johnson 


2 










C. C. Pinckney. . . . 


I 








1801 


Thos. Jefferson. . . . 

Aaron Burr 

John Adams 

C. C. Pinckney. . . . 
Tohn Jay 


73 
73 
65 
64 
I 








i8o^ 


Thos. Jefferson. . . . 


162 




Geo. Clinton 


162 




C. C. Pinckney. . . . 


14 


. . » . 


Rufus K-ing 


14 


I Bog 


James Madison. . . . 


122 




Geo. Clinton 


113 




C. C. Pinckney. . . . 


47 




Rufus Iving 


47 




Geo. Clinton 


6 




James Madison. .. . 
John Langdon. . . . 
James Monroe. . . . 


3 
9 

3 



APPENDIX. 295 

Votes in Presidential Elections. — {Continued^ 







Kler- 






Elec- 


Year. 


President. 


toral 


Popular 


Vice-President. 


toral 






Vote. 


Vote. 




Vote. 


1813 


James Madison. . . . 


128 




Elbridge Gerry 


113 




De Witt Clinton. . . 


8q 


.... 


Jared Ingersoll. . . . 


86 


1817 


James Monroe. . . . 


183 


.... 


D. D. Tompkms.. 


183 




Rufus King 


34 





J. E. Howard. . . . 
Jas. Ross 


22 

5 










Jno. Marshall 


4 










R. G. Harper 


3 


1821 


James Monroe 


231 


.... 


D. D. Tompkins. . 


218 




J. Q. Adams 


I 




R. Stockton 

D. Rodney 

R. G. Harper 

Rich'd Rush ...... 


8 

4 
I 
I 


182s 


J. Q. Adams 


84 


105,321 


John C. Calhoun . . 


182 




Andrew Jackson. . . 


QQ 


155,872 


Nathan Sanford. . . 


30 




W. H. Crawford. . 


41 


44,282 


Nath. Macon 


24 




Henry Clay 


37 


46,587 


Andrew Jackson. . . 
M. Van Buren .... 
Henry Clay 


13 

9 
2 


l82Q 


Andrew Jackson. . . 


178 


647,231 


J. C. Calhoun 


171 


- 


J. Q. Adams 


83 


509 097 


Rich'd Rush 

Wm. Smith 


83 
7 


1833 


Andrew Jackson. . . 


2iq 


687,502 


M. Van Buren 


189 




Henry Clav 


4Q 


530,189 


Jno. Sargent 


49 




Wm. Wirt 


7 


33.108 


A. Ellmaker 


7 




Jno. Floyd 


II 





Henry Lee 

Wm. Wilkins 


II 

30 


1837 


M. Van Buren 


170 


761,549 


R. M. Johnson 


147 




W. H. Harrison. . . 


73 


"^ 


F. Granger 


77 




H. L. White 


26 


\ 736,656 


Jno. Tyler 


47 




Dan'l Webster 


14 


Wm. Smith 


23 




W. P. Mangum . . . 


II 








184I 


W. H. Harrison. . . 


234 


1.275,017 


Jno. Tyler 


234 




M. Van Buren 


60 


1,128,702 


R. M. Johnson. . . . 


48 




J. G. Birney 


•• 


7,059 


L. W. Tazewell... 
J. K. Polk 


II 

I 


184s 


Jas. K. Polk 


170 


1,337,243 


G. M. Dallas 


170 




Henry Clay 


105 


1,299,068 


T. Frelinghuysen . . 


105 




J. G. Birney 




62,300 






1840 


Zachary Taylor 


163 


1,360,101 


M. Fillmore 


163 




Lewis Cass 


127 


1,220,544 


W. 0. Butler 


127 




M. Van Buren 




291,263 


C. F. Adams 




1853 


Franklin Pierce. . . . 


254 


1,601,474 


W. R. King 


254 




Win field Scott 


42 


1,386,578 


W. A. Graham 


42 




J. P. Hale 




156,149 


G. W. Julian 





296 APPENDIX. 

Votes in Presidential Elections. — {Continued^) 







Elec- 






Elec- 


Year. 


President. 


toral 


Popular 


Vice-President. 


toral 






Vote. 


Vote. 




Vote. 


1857 


Jas. Buchanan 


174 


1,838,169 


J. C. Breckinridge. 


174 




J. C. Fremont 


114 


1,341,264 


W. L. Davton 


114 




M. Fillmore 


8 


874,534 


A. J. Donelson. . . . 


8 


1861 


Abraliara Lincoln. . 


180 


1,866,352 


Hannibal Hamlin. . 


180 




J. C. Breckinridge. 


72 


845,763 


Joseph Lane 


72 




S. A. Douglass. . . . 


12 


1,375,157 


H. V. Johnson. . . , 


12 




TohnBell 


39 
212 


589581 
2,216,067 


Edw Everett 


39 
212 


1865 


Abraham Lincoln . . 


Andrew Johnson. . . 




Geo. B. McClellan. 


21 


1,808,725 


G. H. Pendleton. . . 


21 


1869 


U. S. Grant 


214 


3,015.071 


Schuyler Colfax. . . . 


2r4 




Horatio Seymour. , 


80 


2,709,613 


F. P. Blair, Jr 


80 


1873 


U. S. Grant 


286 


3.597.070 


Henry Wilson 


286 




Horace Greeley. . . 




2,834,079 


B, G. Brown 


47 




Chas, O'Connor. . . 


. , 


29,408 


J. Q. Adams 






Jas. Black 




5,608 


A. H. Colquitt 


5 




T. A. Hendricks. . 


42 


.... 


J. M. Palmer 


3 




B. G. Brown 


18 


• • . • 


G. W. Julian 


5 




C. J. Jenkins 


2 




T. E. Bramlette.. 


3 




David Davis 


I 


.... 


W. S. Grosbeck... 

W. B. Machen 

N. P. Banks 


I 
I 
I 


1877 


R. B. Hayes 


1S5 


4,033,950 


W. A. Wheeler. . . . 


185 




S. J. Tilden 


184 


4,284,885 


T. A. Hendricks. . . 


184 




Peter Cooper 




81,740 


S. F. Gary 






G. C. Smith 


, , 


9,522 


R. T. Stewart 




1881 


J. A. Garfield . . . . 


214 


4,442,950 


C. A. Arthur 


214 




W. S. Hancock. . . 


155 


4,442,033 


W. H. English. . . . 


155 




J. B. Weaver 


, 


306,867 


B. J. Chambers.. . . 






Scattering 




12,576 







INDEX. 



INDEX 



Abolitionists, 254 

Abuses by England, in Declara- 
tion of Rights, 43-45 

Adam, Andrew, 55 

Adams, C. F., Candidate for 
Vice-President, 262 ; Vote, 293 

Adams, John, Signs Declaration 
of Independence, 46 ; Admin- 
istration of, 206 ; Jealousy of, 
219 ; Appendix, 281, 284, 292, 

Adams, J. Q. , President, 242 ; 
Character, 245 ; Course of, 
247 ; Appendix, 282, 285, 286, 
293, 294 

Adams, Samuel, Signs Declara- 
tion of Independence, 46 ; 
Signs Articles of Confedera- 
tion, 55 ; Appendix, 292 

Adams, Thomas, 56 

Address to People of Great Bri- 
tain, 37, 42, 47 

Adventurers, 4 

Akerman, A. T., 290 

Alabama, Secedes, 271 ; Admit- 
ted, 291 

Albany Convention, 36-37 

Alien Act, 208, 219 

Allen, M. , In Connecticut Char- 
ter, 26, 27, 29 

Amendments, 88-92, 165-173 ; 
Power of, 85, 162 ; First Ten, 

185 
American Party, 266 
Annapolis Convention, 62 
Anti-Masons, 251, 254 
Anti-Nebraska Party, 266 
Anti- Slavery Party, 254 
Anti-Slavery Petitions, 239 
Arkansas, 291 



Articles of Confederation, Adopt- 
ed, 47 ; Text, 48 ; Explained, 
57-59 ; Table of, 60 ; Failur- 
of, 71 ; Friends of, 72 ; In 
Table, 73 

Armstrong, J., 285, 292 

Arthur, C. A,, 275 ; Appendix, 
282, 290, 294 

Badger, G. E., 287 

Baldwin, A., 86 

Baltimore, Lord, In Maryland 
Charter, 14, 15, 17, 18, 20, 21 
22, 23, 24 

Banks. N. P., Appendix, 283, 
294 

Bancroft, G., 287 

Banister, J., 56 

Barbour, J., 286 

Barbour, P. P., 283 

Barry, W. T., 286 

Bartlett, J., Sigrs Declaration of 
Independence, 46 ; Signs Arli- 
cles of Confederation, 55 

Bassett, R. , 86 

Bates, E., 289 

Bedford, G., Jr., 86 

Belknap, N. W., 289 

Bell, J., Presidential Candidate, 
270 ; Appendix, 283, 287, 294 

Berrien, J. M., 286 

Bibb, G. M., 287 

Birney, J. G. , Presidential Can- 
didate, 257, 259, 273 

Black, J. S.. 288, 294 

Blaine, J. G., 283, 290 

Blair, F. P., 294 

Blair, J., 86 

Blair, M., 289 



300 



INDEX. 



Blount, W., 86 

Borie, A. E., 2go 

Boston, 39, 42. 

Boudinot, E., 28 

Boutwell, G. S., 289 

Boyd, L., 283 

Bradford, W., 284 

Bramlette, T. E., 294 

Branch, J., 286 

Braxton, C, 46 

Brearley, D., 86 

Breckenridge. J., 286 

Breckinridge, J. C, Vice-Presi- 
dent, 267 ; Candidate for Vice- 
President, 270 ; Appendix, 
282, 288, 293, 294 

Brewer, O., 26 

Brewster, B. H., 290 

Bristol, City of, 4 

Bristow, B. H., 289 

Broom, J., 86 

Brown, A. V., 289 

Brown, B. G., 294 

Brown, John, 269 

Browning, O. H., 289 

Buchanan, J., President, 267; 
Character, 268 ; Course, 271 ; 
Appendix, 282, 2S7, 288, 294 

Burr, A., Appendix, 281, 284,292 

Burt, A., 283 

Butler, B. F., 286, 287 

Butler, P., 86 

Butler, W. A., 261 

Butler, W. O., 293 

Cabinet, The First, 185 
Cabinets of ail Presidents, 284- 

290 
Cabot, G., 284 
Calhoun, J. C, 231 ; Appendix, 

282, 285, 286, 287, 293 
California, 291 
Cameron, J. D., 289 
Cameron, S. , 289 
Camfield, M., 26 
Campbell, J., 288 
Campbell, J. W., 285 
Canada, 54 
Cape Charles, 16 
Capital, Location of, 186 



Carroll, C, 46 

Carroll, D., 56, 86 

Cary, S. F., 294 

Cass, L. , Presidential Candidate, 
261 ; Appendix, 286, 288, 293 

Chambers, B. J., 294 

Chancery, Master of, 29 ; Court 
of, 29 

Chandler, Z., 290 

Charles I, 15 

Charles II, 25 

Charter Colonies, Form of, 2 ; 
Table of, 35 

Charter Oak, 25 

Chase, S., 46 

Chase, S. P., Appendix, 282, 289 

Chesapeake Affair, 227 ; Bay, 15, 
16 

Cheves, L., 283 

Chief Justice of U. S., 76, 106 

Chief Justices, List of, 282 

Cinquack, 16 

Citizens, Rights of, under Con- 
federation, 48 

Clark, A., 46 

Clay, Henry, 231 ; A Leader, 
238 ; Presidential Candidate, 
259 ; Appendix, 283, 286, 293 

Clayton, J. M., 288 

Gierke, D., In Connecticut Char- 
ter, 26, 27, 29 

Clerke, H., In Connecticut Char- 
ter. 26, 27, 29 

Clerke, J., 26 

Clifford, N., 287 

Clingan, W. , 56 

Clinton, D. W., 293 

Clinton, G., Vice-President, 225, 
229 ; Appendix, 281, 285, 292 

Clymer, G., Signs Declaration of 
Independence, 46 ; Signs Con- 
stitution, 86 

Cobb, H., Appendix, 283, 288 

Coffee, T. J., 287 

Colfax, S., Appendix, 282, 283, 
289, 294 

CoUamer, J., 288 

Collins, J.. 55 

Colonial Government, Form of, 
1-2 ; Table of, 35 



INDEX. 



301 



Colonies, Nature of, 35 ; Form 
of, 35 ; Tabulated view of, 35; 
Relations of, 36 ; Attitude to- 
ward England, 36 ; Claims of, 
37 ; Rights of (In Declaration 
of I^ights), 39-42 ; Sufferance 
of (In Declaration of Inde- 
pendence), 43 ; Action of, 45 

Colonists, Liberties and Privi- 
leges of, 9, 14 

Colorado, 291 

Colquitt, A. H., 294 

Committee of States, 54 

Compensation of Congressmen, 
77, III 

Compromise of 1850, 263 

Confederation, 95-96 ; Plan of, 
42 ; In Table, 47 ; Text of 
Articles, 48 ; Name of, 48 ; 
Nature of, 48, 57 ; Taxes 
under, 50 ; Voting under, 58 ; 
Form of, 60 ; Powers of, 58- 
60 ; Articles of Tabulated, 60; 
Weakness and Failure of, 60, 
61, 69 ; Congress of, 69 

Congress, In General, 75, 96 ; Of 
Confederation, 49-52, 57, 62, 
69, 97 ; Rights of, 77, 109 ; 
Powers of, 78, 115 ; Increased 
Powers of, 177 ; First Acts of, 

Connecticut, Description of Char- 
ter, 25 ; Constitution, 25 ; Text 
of Charter, 25 ; Seal of, 26 ; 
Oath of Office in, 29 ; Courts 
of, 28, 30 ; Officers, 27-29 ; 
General Assembly of, 27-31 ; 
Governor of, 27, 28, 30, 31, 
34 ; Deputy Governor of, 27- 
31 ; Assistants of, 27-31 ; De- 
fense of, 30 ; Privileges cf 
Citizens of, 30 ; Adventurers 
of, 31 ; Company of, 32, 34 ; 
In New England Confedera- 
tion, 36, 37 ; In Declaration 
of Rights, 39 ; In Declaration 
of Independence, 46 ; In Arti- 
cles of Confederation, 47, 48, 
55 ; Cedes Western Lands, 62 ; 
Adopts Constitution, 74, 291 ; 



Connecticut— Continued. 

Representation in ist Con- 
gress, 75, 99, lOI 

Conrad, C. M., 288 

Constitution, Formation of, 70 ; 
Compromises in, 71, 72 ; Plans 
for, 72, 74 ; Adoption of, 73, 

74 ; Object of, 75 ; Text of, 

75 ; Ratification of, 84, 164 ; 
Supremacy of, 85, 163 ; Signers 
of, 86 ; Tabulated view of, 
92 ; Nature of, 93 ; Object of, 
95, 96 ; Adopted, 177 

Constitutional Convention, 70-73, 
98 ; Resolutions of, 86 ; Letter 
of, 87 ^ 

Constitutional Union Party, 270 

Continental Congress, First, 37 ; 
Second, 38 ; In Declaration of 
Rights, 39 ; Third, 42 ; Table 
of, 47 ; Receives Constitu- 
tion, 73 ; Presidents of, 281 

Convention of 1754, 36, 37 ; Of 

1765, 37 

Cooper, P., 294 

Corwin, T., 288 

Cox, J. D., 290 

Councils of Safety, 47 

Courts, Great and General, 12 

Crawford, W. H., 231 ; Appen- 
dix, 285, 288, 293 

Creswell, J. A. J., 290 

Crittenden, J. J., 287, 288 

Crowninshield, B. W. , 285 

Crowninshield, J., 285 

Gushing, C, 288 

Dallas, A. J., 285 

Dallas, G. M., Vice-President, 
259 ; Appendix, 282, 287, 293 

Dana, F., 55 

Davis, D., 294 

Davis, J., 288 

Davis, J. W., 283 

Dayton, J., Signs Constitution, 
86 ; Appendix, 282 

Dayton, W. L., Candidate for 
Vice-President, 267 ; Appen- 
dix, 293 

Dearborn, H., 285 



302 



INDEX. 



Declaration of Independence, 
Text of, 43 ; Proclamation of, 
47 ; Distribution of, 47. 

Declaration of Rights, Text of, 
38 ; Description of, 38 

Delano, C, 290 

Delaware, Delaware Bay, 15 ; 
Settlement of, 35 ; In Decla- 
ration of Independence, 46 ; 
In Articles of Confederation, 
47, 48, 56 ; Adopts Constitu- 
tion, 74, 291 ; Representation 
in 1st Congress, 75, 99, loi. 

Deming, J., 26 

Democrat (See Republican-Dem- 
ocrat), First use of name, 
191 ; Use of term, 233 ; Popu- 
lar after war of 1812, 236 ; 
Feeling on J, Q. Adams's 
election, 246 

Denied Powers of the United 
States, 79, 130 ; Of States^ 80, 

137 

Denison, W., 289 

Dent, G., 282 

Devens, C, 290 

Dexter, S., Appendix, 284, 2S5 

Dickenson, J., Signs Articles of 
Confederation, 56 ; Signs Con- 
stitution, 86 

Dickerson, M., 2S6 

Dix, J. A., 288 

Dobbin, J. C, 288 

Donelson, A. J., Candidate for 
Vice-President, 267 ; Appen- 
dix, 293 

Douglass, S. A., Presidential 
Candidate, 270 ; Appendix, 
294 

Drayton, W. H., 56 

Dred Scott Case, 268 

Duane, James, 56 

Duane, W. J,, 253 ; Appendix, 
2S6 

Duer, William, 56 

Eaton, J. H., 286 
Education in Northwest Terri- 
tory, 67 
Elections for Congress, 76, 107 



Election of 1789, 184; of 1793, 
190 ; of 1797, 206 ; of 1800, 
219 ; of 1804, 225 ; of 1808, 
228 ; of 1813, 233 ; of 1816, 
237 ; of 1821, 240 ; of 1825, 
241 ; of 1829, 247 ; of 1833, 
251 ; of 1837, 254 ; of 1841, 
257 ; of 1845, 260 ; of 1S49, 
261 ; of 1853, 264 ; of 1857, 
267 ; of 1861, 271 

Ellery, W., Signs Declaration of 
Independence, 46 ; Signs Ar- 
ticles of Confederation, 55 

Ellmaker, A., 293 

Ellsworth, O., Appendix, 282, 
292 

Embargo of ISC';, 227 ; Recep- 
tion of, 228 

Enforcement Act, 251 

England, Course of, 36 ; In Dec- 
laration of Rights, 38, 39 

English, W. H. . 294 

Era of Good Feeling, 241, 243 

Eustis, W., 285 

Evarts, W. M., 289, 2go 

Everett, E., Candidate for Vice- 
President, 270 ; Appendix, 288, 
294 

Ewing, T., Appendix, 287, 288 

Excessive Bail, 89, 168 

Executive Department, 80, 141 

Exeter, City of, 4 

Exhaustion of Country, 60, 61, 
69 

" Father of the Constitution," 72 

Federal-Republicanism, 245 ; 
Review of, 248-249 

Federal Supremacy, 184-221 ; 
Review of, 220 ; Table of, 221 

Federalist, The, 74 

Federalists, Origin and Growth 
of, 177-183 ; Leaders of, 208- 
210; Achievements of, 221; 
Home of, 228 ; Support a Re- 
publican, 233 ; Action in 1812. 
233 ; Call Convention, 234 ; 
Disappearance of as a Pary, 
236 ; Course during Republi- 
can Supremacy, 243 



INDEX. 



Z^Z 



Fessenden, W. P., 289 

Few, W., 86 

Fillmore, M., Vice-President, 
261 ; President, 264 ; Char- 
acter, 264 ; Presidential Candi- 
date, 267 ; Appendix, 282, 
288, 293, 294. 

Fish, H., 289 

Fitzsimmons, T., 86 

Florida, Secession of, 271 ; Ad- 
mitted, 291 

Floyd, Jno., 293 

Floyd, J. B., 288 

Floyd, W. , 46 

Folger, C. J,, 290 

Forsyth, J., 286 

Foward, W., 287 

France, Missions to, 207, 219 

Franklin, B., 36 ; Signs Declara- 
tion of Independence, 46 ; 
Signs Constitution, 86 

Freedom of Religion, Speech and 
Press, 88, 165 

Free Soil Parly, 262 

Frelinghuysen, F. T., 290 

Frelinghuysen, T,, Candidate for 
Vice-President, 259 ; Appen- 
dix, 293 

Fremont, J. C, Presidential Can- 
didate, 267 ; Appendix, 294 

Gallatin, A., 285 

Garfield, J. A., 275 ; Appendix, 
282, 290, 294 

Gates, Sir T. , In Virginia Char- 
ter, 3, 4. 7, 8, 10, II 

George III, Course of. In Declara- 
tion of Rights, 44, 45 ; Ob- 
ject of, In Declaration of 
Independence, 43 

Georgia, Settlement of, 35 ; 
In Declaration of Independ- 
ence, 47, 48, 57 ; Adopts Con- 
stitution, 74, 291 ; Represen- 
tation in 1st Congress, 75, 99, 
loi ; Secession of, 271 

Gerry, E., Signs Declaration of 
Independence, 46 ; Signs Arti- 
cles of Confederation, 55 ; 
Envoy to France, 207 ; Vice- 



Geriy, E. — Continued. 

President, 223 ; Appendix, 
281, 285. 293 

Gilbert, R., In Virginia Charter, 
3, 5, 7, 8. 10, II 

Gilman, N., 86 

Gilmer, T. W., 287 

Gilpin, H. D.. 287 

Goff, N. , Jr., 290 

Gorham, N. , Signs Constitution, 
86 ; Appendix, 281 

Gould, N. , In Connecticut Char- 
ter, 26, 27, 29 

Governmen'", Object of, 43 

Graham, G. , 285 

Graham, W. A., Candidate for 
Vice-President, 264 ; Appen- 
dix, 288, 293 

Grant, U. S., 274; Appendix, 
282, 289, 294 

Granted Powers, 89, 168 

Granger, F., Candidate for Vice- 
President, 254 ; Appendix, 
287, 293 

Granger, G., 285 

Great Britain, Abuses by. In 
Declaration of Independence, 

43-45 
Greeley, H., 294 
Griffen, C, 281 
Griswold, R., 284 
Grosbeck, W. S., 294 
Grow, G. A., 283 
Grundy, F., 287 
Guarantee to the States, 84, 161 
Guthrie, J., 288 
Gwinnett, B., 47 

Habersham, J., Appendix, 284, 
285 

Hackluit, R., In Virginia Char- 
ter, 3, 4, 7, 8, 10, II 

Hale, J. P., Presidential Candi- 
date, 264 ; Appendix, 293 

Hall, L., 47 

Hall, W. K., 288 

Hamilton, A., Signs Constitu- 
tion, 86 ; Contributes to 
"Federalist," 74; Report on 
Public Debt, 186 ; Compromise 



304 



INDEX. 



Hamilton, A. — Continued. 
with Jefferson, 187 ; Influence 
of, 219 ; Appendix, 284 

Hamilton, P., 285 

Hamlin, H., Vice President, 
271 ; Appendix, 282, 289, 293 

Hancock, J., Signs Declaration 
of Independence, 46 ; Signs 
Declaration of Rights, 55 ; 
Appendix, 281, 292 

Hancock. W. S., 294 

Hanham, T., In Virginia Char- 
ter, 3, 5, 7, 8, 10, II 

Hanson, J., Signs Articles of 
Confederation, 56 ; Appendix, 
281 

Harlan, J., 289 

Harnett, C. , 56 

Harper, R. G., 293 

Harrison, B,, 46 

Harrison, R. H., 292 

Harrison, W. H.. Presidential 
Candidate, 254 ; President, 

257 ; Character, 257 ; Death, 

258 ; Appendix, 282, 287, 293 
Hart, J., 46 

Hartford Convention, 234 ; Reso- 
lutions of, 234-236 

Harvie, J., 56 

Hawkins, A., 26 

Hayes, R, B, 274; Appendix, 
282, 290, 294 

Hendricks, T. A., 294 

Henry VIII, 38 

Henry, J., 292 

Henshaw, D., 287 

Hewes, J., 46 

Heyward, T., Jr., In Declaration 
of Independence, 47 ; In Arti- 
cles of Confederation, 56 

Hoar, E. R. , 290 

Holt, J., Appendix, 288, 289 

Holten, S., 55 

Hooper, W. , 46 

Hopkins, G. W., 283 

Hopkins, S., 46 

Hopkinson, F. , 46 

Hosmer, T., 55 

House of Commons, 98 

House of Lords, 97 



House of Representatives, How 
formed, 75, 77, 92, 97, 98 

Howe, T. O., 290 

Howard, J. E., 293 

Hubbard, H., 283 

Hubbard, S. D., 288 

Hunter, R. M. T., 283 

Hunt, W. H., 290 

Huntington, S., Signs Declara- 
tion of Independence, 46 ; 
Signs Articles of Confedera- 
tion, 55 ; Appendix, 281^ 292 

Hutson, R., 56 

Illinois, 291 

Impeachments, Trial of, 76, 106 

Independence, Declaration of, 
42 ; Text of, 43 ; In Table, 
47 ; Resolutions of, 42 

Independent Treasury, 256 

Indiana, 291 

Infidels in America, 4 

Ingersoll, J., Signs Constitution, 
86 ; Candidate for Vice-Presi- 
dent, 233 ; Appendix, 293 

Ingham, S. D., 286 

Iowa, 291 

Iredell, J., 292 

Jackson, A. , President, 247 ; 
Character, 249 ; Course on 
Nullification, 250 ; First Term, 
251 ; Increased Strength, 252 ; 
War against Bank, 250, 252, 
253 ; Removal of Deposits, 
253 ; Review of Administra- 
tion, 255 ; Financial Measures, 
256 ; Appendix, 282, 286, 293 

Jackson, W., Signs Constitution, 
86, 87 

James I, In Virginia Charter, 

3, II 

James, T. L., 290 

Jay, J., Contributes to " Federal- 
ist," 74 ; Treaty with England, 
191 ; Appendix, 281. 282, 292 

Jefferson, T., Signs Declaration 
of Independence, 46 ; Admin- 
istration of, 62 ; Compromise 
with Hamilton, 187 : Policy 



INDEX. 



305 



Jefferson, T. — Continued. 

of, 189 ; Attempt to introduce 
name Republican, igo , Ken- 
tucky Resolutions, 210 ; Out- 
look for, 222 ; First Message, 
223 ; Purchase of Louisiana, 
223 ; Good Fortune of, 225 ; 
Second Term, 226 ; Arrogance 
of, 227 ; Review of Administra- 
tion, 229 ; Appendix, 281, 284, 
292 

Jenifer, D., of St. Thomas, 86 

Jewell, M., 290 

Jenkins, C. J., 294 

Johnson, A., Appendix, 282, 
289, 294 

Johnson, C. , 287 

Johnson, H. V., Candidate for 
Vice-President 270 ; Appen- 
dix, 293 

Johnson, R., 288 

Johnson, R. M., Appendix, 282, 
286, 293 

Johnson, S. , 292 

Johnson, W. S., 86 

Jones, J. W. , 283 . 

Jones, W., 285 

Judiciary, 83, 89, 92, 154, 169 

Julian, G. W., Candidate for 
Vice-President, 264 ; Appen- 
dix, 293, 294 

Kansas, 291 

Kansas-Nebraska Bill, 265 

Keifer, J. W., 284 

Kendall, A , 286, 287 

Kennedy, J. P., 288 

Kentucky, 291 

Kentucky Resolutions, 210 ; 
Text of, 210-216 ; Summary 
of, 218, 219 

Kerr, M. J., 284 

Key, D. M., 290 

Kingr, H., 289 

King, Rufus, Signs Constitution, 
86 ; Candidate for Vice-Presi- 
dent, 225-228 ; Appendix, 292, 

293 
King, W. R., Vice-President, 

264 ; Appendix, 282, 288, 293. 



Kirk wood, S. J., 290 
Know-Nothing Party, 266 
Knox, H., 284 



Lane, Joseph, Candidate for Vice- 
President. 270 ; Appendix, 293 

Langdon, J., Signs Constitution, 
86 ; Appendix, 292 

Langworthy, E., 57 

Laurens, H., Signs Articles of 
Confederation, 56 ; Appendix, 
281 

League of Friendship, 48, 58 

Lee, C, 284 

Lee, F. L., Signs Declaration of 
Independence, 46 ; Signs Ar- 
ticles of Confederation, 56 

Lee, H., 293 

Lee, R. H., Signs Declaration of 
Independence, 46 ; Signs Arti- 
cles of Confederation, 56 ; Ap- 
pendix, 281 

Legare, H. S.. 287 

Lemoyne, F., Candidate for Vice- 
President, 257 

Lewis, F,, Signs Declaration of 
Independence, 46 ; Signs Ar- 
ticles of Confederation, 56 

Liberty Party, 257 

Lincoln, A., President, 271 ; Ap- 
pendix, 282, 289, 294 

Lincoln, B., 292 

Lincoln, L., 285 

Lincoln, R. T., 290 

Livingston, E., 286 

Livingston, P., 46 

Livingston, W., 86 

Local self-government, 25 

London, City of, 3, 4 

Lord, R.,In Connecticut Charter, 
26, 27, 29 

Louisiana, Purchase of, 223 ; 
Secession of, 271 ; Admitted, 
291 

Lovell, J., 55 

Loyal address to the King, 37 ; 
In Declaration of Rights, 42 ; 
In Table, 47 

Lynch, T., Jr., 47 



3o6 



INDEX. 



McClellan, G. B., 294 

McClelland R., 288 

McCrary, G. W., 276 

McCulloch, H., 289 

McHenry, J,, 86 

McKean, T., Signs Declaration 
of Independence, 46 ; Signs 
Articles of Confederation, 56 ; 
Appendix, 281 

McLane, L., 253, 28 

McLean, J., 286 

Machen, W. B., 294 

Macon, N., 293 

MacVeagh, W., 290 

Madison, J., 62 ; Influence of, 
71 ; Character, 72 ; Contribu- 
tion to Federalist, 74 ; Signs 
Constitution, 86 ; Election of, 
229 ; Character, 230 ; Desire 
for re-election, 232 ; Accepts 
War as Price of Renomination, 
232 ; Purchases Political In- 
formation, 232 ; Second Term, 
232, 233, 237 ; Appendix, 281, 
285, 292, 293 

Maine, 291 

Mangum, W. P., 293 

Marchant, H., 55 

Marcy, W. L., Appendix, 287, 
288 

Marshall, John, Envoy to 
France, 207 ; Appendix, 282, 
284, 293 

Maryland, Settlement of, 14, 35; 
Charter of, 14 ; Text of Char- 
ter, 15 ; Government of, 17, 
18 ; Named, 17 ; Officers of, 
18 ; Privileges of citizens, 19 ; 
Protection of, 19; Allegiance of, 
19; Trade of, 20 ; Taxes in, 21 ; 
Fishing in, 22 ; Manors in, 23; 
Court of Baron in, 23 ; Inter- 
pretation of Charter, 24 ; In 
Declaration of Rights, 39 ; 
Commissioners of, 61 ; In Dec- 
laration of Independence, 46 ; 
In Articles of Confederation, 
47, 48, 56 ; Adopts Constitu- 
tion, 74, 291 ; Representation 
in 1st Congress, 75, 99, loi 



Mason, J., In Connecticut 
Charter, 26, 27, 29 

Mason, J. Y., 287 

Massachusetts, Settlement of, 35; 
In New England Confedera- 
tion, 33, 37 ; In Declaration of 
Rights, 39, 42 ; In Declaration 
of Independence, 46 ; In Ar- 
ticles of Confederation, 47, 48. 
55 ; Cedes Western Land, 62 ; 
Adopts Constitution, 74, 291 ; 
Representation in 1st Congress, 

75, 99, loi 

Mathews, J., 56 

Maynard, H., 290 

Meigs, R. J., 285, 286 

Memorial to Inhabitants of Brit- 
ish America, 37, 42, 47 

Meredith, W. M., 288 

Method of Electing Executive, 
80, 81, 90, 145, 146, 169, 170 

Michigan, 291 

Middleton, A., 47 

Middleton, H., 281 

Mifflin, T., 86, 281 

Military Presidents, 249 

Militia, 88, 165 

Milton, J., 292 

Minnesota, 291 

Mississippi, Secession of, 271 ; 
Admission of, 291 

Missouri, Compromise of, 239, 
240 ; Admitted, 291 

Modern Democracy, 249-273 

Monroe, J., Purchases Louisiana, 
223 ; Treaty with England, 
226 ; Character, 238 ; Ad- 
ministration, 241 ; Appendix, 
281, 285, 292 

Monroe Doctrine, 241 

Morrill, L. M., 289 

Morris, G. , Signs Articles of 
Confederation, 56 ; Signs Con- 
stitution, 86 

Morris, L., 46 

Morris, R., Signs Declaration of 
Independence, 46 ; Signs Arti- 
cles of Confederation, 56 ; 
Signs Constitution, 86 

Morris, T,, 259 



INDEX. 



307 



Morton, J., 46 
Mount Vernon, 61 
Muhlenberg, F. A., 282 

Narrogancett Bay, 33 I River, 34 
National Bank, First, 188 ; Re- 
charter, 231 ; Second, 236 ; 
Jackson's War against, 250, 
252, 253 
National Republicans, 247, 252, 

254 
Naturalization Law, 208 

Nebraska, 291 

Nelson, J., 287 

Nelson, T., Jr., 46 

Nevada, 291 

New Castle, 39 

New England Confederation, 36, 

37 

New Government, 177 

New Hampshire, Settlement of, 
35 ; In Declaration of Rights, 
39 ; In Declaration of Inde- 
pendence, 46 ; In Articles of 
Confederation, 47, 48, 55 I 
Adopts Constitution, 74, 291 ; 
Representation in ist Con- 
gress, 75, 99, lOI 

New Haven, 36, 37 

New Jersey, Settlement of, 35 ; 
In Declaration of Rights, 39 ; 
In Declaration of Independ- 
ence, 46 ; In Articles of Con- 
federation, 47, 48, 56 ; Plan 
in Constitutional Convention, 
70, 73 ; Adopts Constitution, 
74, 291 ; Representation in 
1st Congress, 75, 99, loi 

New York, Settlement of, 35 ; 
In Declaration of Rights, 39 ; 
In Declaration of Independ- 
ence, 46 ; In Articles of Con- 
federation, 47, 48, 56 ; Cession 
by, 62 ; Adopts Constitution, 
74, 291 ; Representation in ist 
Congress, 75, 99, lOi 

New States, 84, 160 

Niles, J. M., 287 

Non-Importation and Non-Ex- 
portation Agreement, 37 i In 



Non-Importation, etc. — Cont. 
Declaration of Rights, 42 ; In 
Table, 47 

Non-Intercourse Act, 228 

North Carolina, Settlement of, 
35 ; In Declaration of Rights, 
39 ; In Declaration of Inde- 
pendence, 47, 48, 56 ; Adopts 
Constitution, 74, 291 ; Repre- 
sentation in 1st Congress, 75, 
99, lOI 

Northwest Territory, The, (In 
Ordinance of 1787) Govern- 
ment of, 62 ; Ordinance for, 
63 ; Descent in, 63 ; Religious 
Freedom in, 66, 67 ; Education 
in, 67 ; Habeas Corpus in, 67 \ 
Division of, 68 

Nullification, 250 

Oath of Office, 85, 163 

Object of Government, 43 

O'Connor, C, 294 

Officers of Connecticut, In Con- 
necticut Charter, 27, 28, 29 

Ogden, J., In Connecticut Char- 
ter, 26, 27, 29 

Ohio, 291 

Ordinance of 1784, 62; Of 
1787, Plan for, 62 ; Of 1787, 
Text of, 63 ; In Table, 69 

Oregon, 291 

Orr, J. S., 283 

Osgood, S.,,284 

Paca, W., 46 

Paine, R. T., 46 

Palmer, J., 294 

Panic of 1837, 254, 256 

Parker, W., In Virginia Charter, 
3, 5, 7, 8, 10, II 

Paterson, W., 86 

Paulding, J. K., 286 

Pendleton, G. H., 294 

Penn, John, Signs Declaration of 
Independence, 46 ; Signs Arti- 
cles of Confederation, 56 

Pennington, W., 283 

Pennsylvania, Settlement of, 35 ; 
In Declaration of Rights, 39 ; 



3o8 



INDEX. 



Pennsylvania — Continued. 

In Declaration of Independ- 
ence, 46 ; In Articles of Con- 
federation, 47, 48, 56 ; Adopts 
Constitution, 74, 291 ; Repre- 
sentation in 1st Congress, 75, 
99, lOI 

Petition of 1774, 37 

Petitions, 45 

Philadelphia, Convention at, 70, 

.73 

Pickering, T., Appendix, 284, 
292 

Pierce, F. , President, 264 ; 
Character, 265 ; Administra- 
tion, 265-267 ; Appendix, 282, 
288, 293 

Pierrepont, E., 290 

Pinckney, C, 86 

Pinckney, C. C, Signs Consti- 
tution, 86 ; Envoy to France, 
207 ; Presidential Candidate, 
228 ; Appendix, 292 

Pinkney, T., Presidential Can- 
didate, 225 

Pinkney, W., 285 

Poinsett, J. R., 286 

Political Parties, First Division, 
187 ; Growing Stronger, 189 ; 
Condition in 1793, 190; In 
1797, 206 ; In 1804, 225 ; View 
of Purchase of Louisiana, 224 ; 
Feeling on Embargo, 228 ; 
After War of 1812, 236 ; Under 
Madison, 237 ; In 18 17, 238 ; 
In 1821, 240; In 1825, 241 ; 
Under J. Q. Adams, 246 ; 
New Party, 247 ; In 1829, 251 ; 
Anti- Masons, 251 ; Anti- 
Slavery Party, or Abolitionists, 
254 ; Whigs, 254 ; Liberty 
Party, 257 ; From 1841-45, 
260 ; Free Soilers, 262 ; From 
1849-53, 264 ; Attitude of, 
265 ; Americans or Know- 
Nothings, 266 ; Anti-Nebraska 
Men, 266 ; New Republican 
Party, 266; From 1853-57, 267; 
Constitutional Union Party, 
270 ; Review of 1829-61, 272- 



Political Parties — Continued. 
273 ; Table of 1829-61, 273 ; 
General Review, 275-277 

Polk, J. K. , President, 259; 
Character, 260 ; Administra- 
tion, 261-262 ; Appendix, 282, 
283, 287, 293 

Popham, G., In Virginia Charter, 
3, 5, 7, 8, 10, II 

Porter, J. M., 287 

Porter, P. B., 2S6 

Potomac River, 16 

Powers denied to U. S., 79, 130 

Powers denied to States, 80, 137 

Powers of Congress, 78, 115 

Powers of President, 82, 150 

President, 92 ; Election of, 80, 
143, 145 ; Duties of, 82, 153 ; 
Impeachment of, 83, 153 ; 
Powers of, 82, 150 

Presidents of U. S. . 281-282 

Press, Freedom of, 88, 165. 

Preston, W. P., 288 

Privileges of Congressmen, 77, 
112 ; Of Citizens, 84, 159 

Plimouth, Town of. In Virginia 
Charter, 4, 5 

Plymouth, 36, 37 

Proclamation of Neutrality, 191 

Proprietary Colonies, Form of, 2; 
Table of, 35 

Provincial Colonies, Form of, i ; 
Table of, 35 

Providence, In Declaration of 
Rights, 39 ; In Articles of Con- 
federation, 55; Representation 
in 1st Congress, 75, 99, loi 

Public Debt, 85, 163 ; Report 
on, 186 

Purchase of Political Informa- 
tion, 232 

Qualifications for Representa- 
tives, 75, 78, 97 ; For Senators, 
76, los 

Quartering Soldiers, 88, 166 

Ramsey, Alex., 290 
Randall, A. W., 289 
Randall, S. J., 284 



INDEX. 



309 



Randolph, E., 284 
Randolph, P., 281 
Rawlins, J. A , 289 
Read, G., Signs Declaration of 
Independence, 46 ; Signs Con- 
stitution, 86 
Reed, J., 56 

Religion, Freedom of, 86, 165 
Religious Freedom in Northwest 
Territory, In Ordinance of 
1787, 66, 67 
Religious Test, 86, 163 
Removal of Deposits, 253 
Republican (Democratic) Party, 
Achievements, 221 ; Suprem- 
acy, 222-244 ; Review of, 242- 
244 ; Table of, 244 ; Policy of, 
222 ; New Leaders of, 231 ; 
Term Democrat supersedes it, 
232 ; Review of Republican 
Supremacy, 242-244 ; Table 
of Republican Supremacy, 244 
(see Democrat) 
Republican (New) Party, 266 
Revenue Bills, 77, 113 
Review of 1783-89, 177-183 
Rhode Island, Settlement of, 35; 
In Declaration of Rights, 39 ; 
In Declaration of Independ- 
ence, 46 ; In Articles of Con- 
federation, 47, 48, 55 ; Adopts 
Constitution, 74, 291 ; Not in 
Constitutional Convention, 70; 
Representation in ist Congress, 

75, 99. loi 

Richardson, W. A., 289 

Rights, Of Man, 43; Unalienable, 
43 ; Of Accused Persons, 89, 
167; Of Congress, 77, 109 ; Of 
Citizens under Confederation, 
48 ; Of States under Confedera- 
tion, 48, 49, 50. 

Roberdean, D., 56 

Robeson, G. M., 290 

Rodney, C, 46 

Rodney, C. A., 285 

Rodney, D., 293 

Rogers, J., 285 

Roman Catholic Religion, 42 

Ross, G., 46 



Ross, J., 293 
Rush, B., 46 
Rush, R., Appendix, 285, 286, 

293 
Rutledge, E., 47 
Rutledge, J. , 86 ; Appendix, 292 

Sanford, N. , 293 

Sargent, J., 293 

Savages of America, 4 

Schofield, J. M., 289 

Schurz, C,, 290 

Scott, W.,Presidet?tial Candidate, 
264 ; Appendix, 288, 293 

Scudder, N,, 56 

Search Warrants, 88, 166 

Secession, 271 

Sedition Act, 208, 219 

Sedgewick, T., 283 

Senate, How formed, 76, 92, 102 

Seward, W. H., 289 

Seymour, H., 294 

Shays's Rebellion, 96 

Sherman, J., 290 

Sherman, Roger, Signs Declara 
tion of Independence, 46 ; 
Signs Articles of Confedera- 
tion, 55 ; Signs Constitution, 
86 

Sherman, W. T., 289 

Signers of Articles of Confedera- 
tion, 55, 57 

Signers of Declaration of Inde- 
pendence, 46, 47 ; Of Consti- 
tution, 86 

Slavery, 90, 91, 171 ; In Ordi- 
nance of 1784 and 1787, 6 ; 
Contest over, 238 

Smith, C. B., 289 

Smith, G. C, 294 

Smith, J., 46 

Smith, J. B., 56 

Smith, R., 285 

Smith, Wm., 293 

Somers, Sir G., In Virginia 
Charter, 3, 4, 7, 8, 10, 11 

Southard, S. L., 286 

South Carolina, Settlement of, 
35 ; In Declaration of Rights, 
39 ; In Declaration of Inde- 



3IO 



INDEX. 



South Carolina — Continued. 
pendence, 47 ; In Articles of 
Confederation, 47, 48, 56 ; 
Adopts Constitution, 74, 291 ; 
Representation in ist Congress, 

75, 99. loi 

Sovereignty, In Articles of Con- 
federation, 46 ; Of States, 57, 
58, 59, 60, 71 

Spaight, R. D., 86 

Speaker of House, 76, loi 

Speakers of House, 282 

Specified Powers, 89, 168 

Speed, J. J., 289 

Speech, Freedom of, 88, 165 

Spencer, J. C, 282 

Spoils System, Origin of, 223 

Squatter Sovereignty, 262, 270 

Suits at Common Law", 89, 167 

Supreme Court, 92 

Supremacy of the Constitution, 

85, 163 

Stanberry, H., 289 

Stanton, E. M., 288, 289 

State, Records, 84, 158 ; Sover- 
eignty, 57, 60 

States, Rights of, 48, 49, 50 ; 
Powers of, 58, 60 

St. Clair, A., 287 

Stevenson, A., 283 

Stewart, R. T., 294 

Stockton, Richard, 46; Appendix, 

293 
Stoddert, B., 284, 285 
Stone, T., 46 
Stuart, A. H. H., 288 

Taft A., Appendix, 289, 290 
Talcott, J,, In Connecticut 

Charier, 26, 27, 29 
Taney, R. B., 253, 282, 286 
Tappen, J., In Connecticut 

Charter, 26, 27, 29 
Tariff of 1828, 247 ; Of 1833, 

251 . 

Taxes in Maryland, 14 ; Imposi- 
tion of, 38 ; Under Confedera- 
tion, 50 

Taylor, G., 46 

Taylor, J. W., 283 



Taylor, Z., President, 261 ; 
Character, 262 ; Death, 263 ; 
Appendix, 282, 288, 293 

Tazewell, L. W,, 293 

Telfair, E., 57, 292 

Tendency to Union, 36 

Tennessee, 291 

Texas, Secession of, 271 ; Ad- 
mitted, 291 

Thomas, P. F., 288 

Thompson, J., 288 

Thompson, R. W., 290 

Thornton, M., 46 

Tilden, S. J., 294 

Tompkins, D. D,, Appendix, 
281, 285, 293 

Tompson, S., 285 

Toucey, I., Appendix, 287, 288 

Treason, 83, 157 

Treaty of 1806, 226 

Treat, R., In Connecticut 
Charter, 26, 27, 29 

Trial for Crime, 89, 166 

Trumbull, J. , 282 

Tyler, J., Vice-President, 257 ; 
Character, 258 ; Rupture with 
Whigs, 258 ; Appendix, 282, 
287, 293 

Tyner, J. M., 290 

Unalienable Rights, 43 

Union, First Attempt at, 36 ; 

Attempts at, 57 
United States Courts, 83, 154 
Upshur, A. P., 287 
Usher, J. P., 289 
Usurpations of Great Britain, In 

Declaration of Rights, 43-45 

Van Buren, M., President, 254; 
Character, 256 ; Administra- 
tion, 257 ; Renomination, 257 ; 
Presidential Candidate, 262 ; 
Appendix, 282, 286, 293 

Van Dyke, N., 56 

Varnum, J. B., 283 

Vermont, 291 

Vice-President, 80, 92, 143, 145; 
Presides over Senate, 76, 106 

Vice-Presidents of U.S., 281, 282 



INDEX. 



311 



Virginia, First Charter of, de- 
scribed, 2 ; Instructions for, 
2 ; Text of Charter, 3 ; Settle- 
ment of, 4 ; Coast of, 4 ; First 
Colony of, 4, 8 ; Councils for, 
6 ; Second Charter of, 11 ; 
Third Charter of, ii ; Com- 
pany, 12 ; Ordinance for, 12 ; 
Supreme Councils for, 12 ; 
General Assembly of, 12, 13 ; 
Settlement of, 35 ; Land of, 
24 ; In Declarati n of Rights, 
39 ; In Declaration of Inde- 
pendence, 46 ; In Articles of 
Confederation, 47, 48, 56 ; 
Commissioners of, 61 ; Cession 
of Land, 62 ; In Ordinance of 
1787, 64 ; Plan, 70, 71, 73 ; 
Adopts Constitution, 74, 291 ; 
Representation in ist Congress, 

75, 99, loi 
Virginia Resolutions, 210 ; Text 
of, 216-218 ; Summary of, 
218-219 

Waite, M. R., 282 

Walker, R. J. , 287 

Walton, G., 47 

Walton, J., 57 

War of 1 8 12, 232 ; Result of, 236 

War (The) and its Consequences, 
274 

Washburne, E. B., 289 

Washington. G., Influence of, 
61, 184 ; President of Consti- 
tutional Convention, 70 ; Let- 
ters of, 73, 87, 88 ; Signs 
Constitution, 86 ; Second 
Term, 190 ; Farewell Address, 
192-205 ; Appendix, 281, 284, 
292 

Watkins' Point, 15, 16 

Weaver, J. B., 294 

Webster, D., Appendix, 287, 
288, 293 

Welles, G., 289 

Wells, T., In Connecticut 
Charter, 26, 27, 29 



Wentworth, J., Jr., 55 

West Virginia, 291 

Wheeler, W. A., Appendix, 282, 

290, 294 
Whig Party, 254 ; Success of, 

257 ; Weakening of, 259 
Whipple, W.,46 
White, H. L., 293 
White, J., 283 
Wickliffe, C. A., 287 
Wilkins, W., Appendix, 287, 

293 

Williams, G. H., 290 

Williams, J., 56 

Williams W, , 46 

Williamson, H., 86 

Wilmot Proviso, 261 

Willis, S., In Connecticut Char- 
ter, 27, 29 

Wilson, H., Appendix, 282, 289, 
294 

Wilson, J., Signs Declaration of 
Independence, 46 ; Signs Con- 
stitution, 86 

Windom, W. H., 290 

Wingfield, E. M., In Virginia 
Charter, 3, 4. 7, 8, 10, ii 

Winthrop, J., In Connecticut 
Charter, 26, 27, 29 

Winthrop, R. C, 286 

Wirt, W., Appendix, 286, 293 

Wisconsin, 291 

Witherspoon, J., Signs Declara- 
tion of Independence, 46 ; 
Signs Articles of Confedera- 
tion, 56 

Woodberry, L., 286 

Wolcott, H., In Connecticut 
Charter, 26, 27, 29 

Wolcott, O. , Signs Declaration of 
Independence, 46 ; Signs 
Articles of Confederation, 55 ; 
Appendix, 284. 

Wythe. G., 46 



X Y Z Mission, 207 






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